Neutral Citation No. - 2025:AHC:86834 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17585 of 2025 Applicant :- Ashmir Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kanhaiya Mishra,Sandeep Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sandeep Tripathi, learned counsel for the applicant, Sri Viresh Kumar 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.163 of 2024, under Sections 70(2), 333, 351(2) B.N.S. and 5G/6 POCSO Act, Police Station Garhipukhta, District Shamli, during the pendency of trial. 4. As per prosecution story, the FIR was instituted by the informant stating that his daughter was subjected to gang-rape by the named accused person Sarim @ Mota and one unknown person on 05.12.2024. 5. 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 eighteen days and there is no explanation of the said delay caused. There is no time of offence mentioned in the FIR, as such, it is a clear-cut case of false implication. 6. Learned counsel for the applicant has further stated that the applicant is not named in the FIR. His name is even absent in the statement of the victim recorded under Section 180 B.N.S.S., but subsequently at the stage of recording of her statement under Section 183 B.N.S.S., she has stated that the applicant had also tried to commit rape with her and on her raising of alarm, the applicant ran away by threatening and kicking her. 7. Learned counsel for the applicant has also argued that there is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 24.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the FIR could be instituted after much persuasion and after intervention of S.P. The police had filed a closure report in the instant case, but after intervention of Circle Officer, the matter was sent back for further investigation and the final report (charge-sheet) has been filed. 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 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- Ashmir, 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 :- 22.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad