Neutral Citation No. - 2025:AHC:85654 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15362 of 2025 Applicant :- Rashid Husain Opposite Party :- State of U.P. Counsel for Applicant :- Irfanul Huda,Syed Mohd. Khalid Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Syed Mohd. Khalid, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.07 of 2025, under Sections 64(1), 352, 351(3) B.N.S., Police Station- Bithri Chainpur, District- Bareilly, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have spiked the drink of the victim and committed rape with her when she used to go for cooking food in the vicinity, and subsequently, threatened her to make the indecent video and photographs of her viral on social media. He is even stated to have posted certain indecent video and photographs of the victim on the Instagram. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false and he has nothing to do with the said offence. The FIR is delayed by about 15 days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that there is no recovery of any indecent video or photographs whatsoever. There is no mentioning of the Instagram ID on which the said indecent photographs or video are stated to have been made viral. The victim is obviously major as she is a married lady. 7. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 7.2.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and there being no medical corroboration of the incident coupled by the fact that there is no recovery of any indecent video or photographs whatsoever, and 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- Rashid Husain, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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 :- 21.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad