Neutral Citation No. - 2025:AHC:79897 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16220 of 2025 Applicant :- Saddam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devesh Kumar Shukla,Pawan Kumar Counsel for Opposite Party :- Afzal Husain,G.A.,Mohammad Asif Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Devesh Kumar Shukla, learned counsel for the applicant and Sri A.Z. Khan, Advocate holding brief of Sri Mohammad Asif, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. This is the second bail application on behalf of the applicant. The first one was dismissed as withdrawn with liberty to file afresh by this Court vide order dated 20.3.2025 passed in Criminal Misc. Bail Application No.2876 of 2025. 4. Applicant seeks bail in Case Crime No.445 of 2024, under Sections 115(2), 333, 64(1) B.N.S., Police Station- Kothibhar, District- Maharajganj, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have barged into the house of the informant in his absence and had assaulted his sister causing injuries to her on 23.11.2024 at about 07:00 p.m. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about one day and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that the injuries sustained by the victim, who happens to be a 16 years old girl, are simple in nature. The medical examination of the victim has been undertaken after a delay of five days, as such, the injuries have been manufactured. The victim has refused her internal medical examination. 8. It is further argued by learned counsel for the applicant that the statement of victim recorded U/s 180 B.N.S.S. does not indicate any inkling of rape. The allegations of rape have been raised for the first time against the applicant in the statement of victim recorded U/s 183 B.N.S.S. Even the allegations made in the said statement do not match with the medical report. 9. It is further contended by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 21.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application. 11. 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 the fact that allegations of rape have been raised subsequently and there is no medical corroboration of the said incident, 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. 12. Let the applicant- Saddam, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 15.5.2025/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad