Neutral Citation No. - 2025:AHC:81048 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16640 of 2025 Applicant :- Abhimanyu Singh Opposite Party :- State of U.P. Counsel for Applicant :- Lal Behari Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. Heard Sri Lal Behari Yadav, learned counsel for the applicant and Sri Kumar Ashutosh Srivastava, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.20 of 2025, under Sections 70(1), 351(2) B.N.S., Police Station- Bhaluani, District- Deoria, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have called the victim for domestic help in the house of co-accused person Rupesh Singh, whereby he is stated to have raped her, and subsequently, the applicant is also stated to have raped her on 4.2.2025. 6. 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 one day and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that there is no time of offence mentioned in the FIR. Subsequently, the time has been mentioned by the victim in her statement recorded U/s 183 B.N.S.S. There are material contradictions in the statement of victim recorded U/s 180 & 183 B.N.S.S. to the FIR. Learned counsel has stated that the victim is a married lady and is aged about 35 years as per ossification test report. 8. 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 6.2.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that applicant and co-accused person have committed gang-rape with the victim in an inebriated state and had misused his clout as she is a poor lady. 10. 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. 11. Let the applicant- Abhimanyu Singh, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 16.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad