Neutral Citation No. - 2025:AHC:78157 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15998 of 2025 Applicant :- Saleem Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.,Sudhakar Yadav Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mukesh Joshi, learned counsel for the applicant, Sri Sudhakar Yadav, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.95 of 2025, under Sections 74, 351(3), 64(1) B.N.S., Police Station Bhojpur, District Moradabad, during the pendency of trial. 4. 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 six hours and there is no explanation of the said delay caused. The victim is major and a consenting party as is but evident from the circumstances. Learned counsel has further stated that the victim has given an affidavit that she instituted the FIR out of mistake. The said affidavit has been annexed as annexure no.13 to the affidavit filed with the bail application. 5. Learned counsel for the applicant has also argued that there is no criminal history of the applicant. The applicant is languishing in jail since 13.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned counsel for the informant and learned A.G.A. have also not disputed the said facts. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration 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. 8. Let the applicant- Saleem, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad