Neutral Citation No. - 2025:AHC:78768 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16323 of 2025 Applicant :- Praveen Opposite Party :- State of U.P. Counsel for Applicant :- Harish Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anil Kumar, learned Advocate holding brief for Sri Harish Kumar Shukla, learned counsel for the applicant as well as Sri R.P. Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 335 of 2024, U/S 328, 376 IPC, Police Station Badalpur, District Gautam Budh Nagar, during the pendency of trial. 4. As per prosecution story, the applicant alongwith co-accused person Tushal Bharadwaj and one unknown person is stated to have committed rape with the victim on 30.3.2024. They had committed the said offence with her on 25.3.2024 also. 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. It is stated that FIR is delayed by about 9 months and there is no explanation of the said delay caused. 6. Learned counsel has further stated that even an application u/s 156(3) Cr.P.C. was moved on 28.5.2024, which itself is delayed by about two months. Even the compliance of Section 154(3) Cr.P.C. was made after a delay of about one and a half month, as the letter to the Police Commissioner was sent on 16.5.2024 only. The victim is a married lady. 7. It is next stated that the instant FIR is the misuse of the process of law, as earlier on the husband of the victim i.e. the informant herein had instituted an FIR No. 120 of 2024 alleging that the applicant had raped the victim on 25.3.2024. There was not a whisper of a single word about the incident dated 30.3.2024 in the said FIR. The applicant was on bail in the said case crime number. 8. There is no medical corroboration of the incident.The applicant is languishing in jail since 24.1.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned State Law Officer has vehemently opposed the bail application but has not disputed the aforesaid submissions of learned counsel for the applicant. 10. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 11. 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. 12. Let the applicant- Praveen 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. 13. 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. 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 :- 14.5.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad