Neutral Citation No. - 2025:AHC:77616 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15240 of 2025 Applicant :- Sani Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- Anjeet Singh,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shyam Sunder Mishra, learned counsel for the applicant and Sri Anjeet Singh, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Special Session Trial No. 329 of 2025, Case Crime No. 159 of 2024, U/S 64(1), 87 B.N.S. and 3/4 POCSO Act, Police Station Jahanabad, District Fatehpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim on 29.11.2024 at about 11.00 pm. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. It is stated that FIR is delayed by about 16 days and there is no explanation of the said delay caused. 6. Learned counsel has further stated that the victim is major, being 18 years old. There is no medical corroboration of the incident, as such, it is a clear-cut case of false implication. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 27.1.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application. Learned counsel for the informant has stated that the delay in institution of FIR has been explained in the FIR itself, whereby the informant had gone to the police station on 30.11.2024 and the police kept on dilly dallying with the matter and did not institute the FIR. After much persuasion and with the influence of higher authorities, the instant FIR could be instituted. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, there being no medical corroboration of the incident and the delay in institution of FIR, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Sani involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 13.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad