Neutral Citation No. - 2025:AHC:83041 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15683 of 2025 Applicant :- Shadab Alias Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.,Irshad Ahmad Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Zafeer Ahmad, learned counsel for the applicant and Sri Mohd. Faiz, learned Advocate holding brief for Sri Irshad Ahmad, learned counsel for the informant as well as Sri A.K. Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 10 of 2025, U/S 64(1), 351(2), 123, 316(2) B.N.S., Police Station Galshaheed, District Moradabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have befriended the victim on instagram and spiked her drink and committed rape with her and even video-recorded the said act after promising the victim to marry her. There are allegations that the applicant is stated to have involved two minor children for extorting money from her. There are allegations that the applicant had taken Rs. 4 lakhs and ornaments from her. 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. FIR is delayed by more than three months and there is no explanation of the said delay caused. 6. Learned counsel has further argued that the instant case is a misuse of the process of law. There is no recovery of any video, whatsoever. There is no evidence of any amount of money transferred to the account of the applicant. 7. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 15.2.2025. 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 but has not disputed the fact that there is no criminal history of the applicant and the aforesaid submissions of learned counsel for the applicant. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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- Shadab Alias Guddu 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 :- 19.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad