Neutral Citation No. - 2025:AHC:78007 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15393 of 2025 Applicant :- Manvendra Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Amit Daga,Sushil Kumar Mishra Counsel for Opposite Party :- G.A.,Ved Prakash Ojha Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amit Daga, learned counsel for the applicant and Sri Ved Prakash Ojha, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 79 of 2025 , under Sections 64(1), 351(3) of BNS Police Station Jakhaura, District Lalitpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim on 17.03.2025 at about 1:15 p.m. 5. 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 by about 3 days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is a married lady and obviously is major. The victim is a consenting party as is evident from the fact that the victim and the applicant had in all 121 conversations with each other and on the alleged date of incident i.e. on 17.03.2025, the victim had called the applicant at about 9:36 p.m and talked to him for about 3006 seconds which is about 50 minutes. In the same night, the victim had again called the victim for 9 seconds at about 11 p.m., as such, her consent is but evident from the aforesaid facts. 7. Learned counsel for the applicant has further submitted that purple colour bruise on posterior surface of left thigh measuring 13 cm x 7 cm has been observed by the doctor but no duration of the said injury has been mentioned and there is no physical sign of resistance on her body elsewhere. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 25.03.2025 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 and learned counsel for the informant have vehemently opposed the bail on the ground that the colour of the said injury was purple which amounts that it might have been caused at the time of offence. It is also submitted that the applicant is a powerful person of the village and brands his clout. As such, the applicant is not entitled for bail. 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 coupled by the fact that victim had called the applicant on 17.03.2025 at about 9:36 p.m. and had talked with him for about 50 minutes, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Manvendra Singh Yadav , 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 :- 13.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad