Neutral Citation No. - 2025:AHC:75643 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15728 of 2025 Applicant :- Vishal Kumar Vishwakarma Opposite Party :- State of U.P. Counsel for Applicant :- Rajkapoor Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Santosh Kumar Tiwari, Advocate holding brief of Sri Rajkapoor Upadhyay, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.137 of 2025, under Section 64 B.N.S., 2023, Police Station Kotwali, District Deoria, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim several times and had kept her for about two months with him and had again attempted to commit rape with her on 29.01.2025. 5. On raising of alarm by the victim, the villagers are stated to have reached there and the applicant ran away from the place of occurrence. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about two days from the last incident and as far as the earlier offence of rape is concerned, it is delayed by about five months and there is no explanation of the said delay caused. The victim is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S., whereby she has travelled with the applicant to several places and she is stated to have been dropped by the applicant at Gorakhpur Railway Station. 7. Learned counsel for the applicant has further argued that the victim is major aged about 19 years. There is no criminal history of the applicant. The applicant is languishing in jail since 01.02.2025 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 A.G.A. has 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 the FIR and the fact that the victim seems to be a consenting party, 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- Vishal Kumar Vishwakarma, 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 pressurise/intimidate with 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 :- 9.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad