Neutral Citation No. - 2025:AHC:85485 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15977 of 2025 Applicant :- Shyam Sundar Shukla Opposite Party :- State of U.P. Counsel for Applicant :- Amrendra Kumar Mishra Counsel for Opposite Party :- G.A.,Onkar Nathpal Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amrendra Kumar Mishra, learned counsel for the applicant and Sri Onkar Nathpal, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.195 of 2024, under Sections 64(1), 351(3) B.N.S., Police Station- Vindhyachal, District- Mirzapur, during the pendency of trial. 4. As per prosecution story, the FIR was instituted against the applicant with the allegations that he was involved in the exercise of exorcism and had outraged the modesty of the victim on 26.9.2024 at about 04:00 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. The FIR is delayed by about four days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the allegations of outraging the modesty have been escalated to that of rape by the victim in her statement recorded U/s 183 B.N.S.S. that too after legal consultation. 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 11.4.2025 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 State Law Officer and learned counsel for the informant have 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, 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- Shyam Sundar Shukla, 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