Neutral Citation No. - 2025:AHC:89131 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16706 of 2025 Applicant :- Kuldeep Sahani Opposite Party :- State of U.P. Counsel for Applicant :- Brij Bhushan Prasad Shrivastava Counsel for Opposite Party :- Amit Kumar,G.A.,Vinay Kumar Mishra Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Brij Bhushan Prasad Shrivastava, learned counsel for the applicant and Sri Vinay Kumar Mishra, learned counsel for the informant as well as Sri Shyam Dhar Maurya, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 417 of 2024, under Sections 376 & 323 of IPC, Police Station - Rudrapur, District - Deoria, during the pendency of trial. 4. As per prosecution story, the husband of the informant is stated to have expired and she was pregnant at that time and gave birth to a baby boy after sometime. It was agreed between the parties that she would be married off to the applicant, who happens to be her brother-in-law (Dewar). The applicant is stated to have refused to comply with the said promise of marriage and kept on establishing corporeal relationship with her by force. 5. 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 as alleged in the FIR. The FIR is delayed by about five months and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the applicant is younger to the victim and he had refused to marry her but there was no agreement between the parties to marry her off. The allegations are per se false. There are several litigation going on between the parties. Prior to the instant FIR, the parents of the applicant were prosecuted for criminal breach of peace in the locality and another FIR was instituted from the side of the applicant against the family members of the victim, as such, it is a clear cut case of false implication. There is no medical corroboration of the incident. 7. Learned counsel has next contended that there is no criminal history of the applicant. The applicant is languishing in jail since 05.03.2025 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. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay of five months in lodging the FIR and there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Kuldeep Sahani, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 26.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad