Neutral Citation No. - 2025:AHC:80095 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15435 of 2025 Applicant :- Vikky Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Awaneesha Kumar,Harikrishna Tiwari,Narendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Narendra Singh, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 18 of 2025, under Sections 323, 328, 376, 427, 506 IPC, Police Station Colonelganj, District Kanpur Nagar, during the pendency of trial. 4. As per prosecution story, the applicant in collusion with other co-accused person spiked the drink of the victim on 25.08.2017 at about 11 p.m. and had committed rape with her and even video recorded the said act and threatened her to make it viral on social media, as such forced the victim to dance in Orchestra in an indecent way. 5. There are other allegations which indicates his sadistic behaviour. In the meantime, the victim is stated to have given birth to two babies. The applicant did not marry her and kept on harrassing her for about eight years. 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 as alleged in the FIR. The FIR is delayed and there is no explanation of the said delay caused. The allegations are per se false. 7. Learned counsel has also stated that the victim is major and she has deliberately suppressed her age. The statement of the victim recorded under section 183 BNSS is full of embellishments. She has given birth to two babies and the applicant had kept the said babies with him which indicates that the husband-wife duo had fallen apart, as such the instant FIR has been instituted. There is no medical corroboration of the incident. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 31.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in FIR and taking into account the statement of the victim recorded under section 183 BNSS, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Vikky Sharma , 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad