Neutral Citation No. - 2025:AHC:89541 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16863 of 2025 Applicant :- Waseem Opposite Party :- State of U.P. Counsel for Applicant :- Haya Rizvi,Ifra Fatima Counsel for Opposite Party :- G.A.,Sudhir Kumar Agarwal Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Ms. Ifra Fatima, learned counsel for the applicant and Sri Sudhir Kumar Agarwal, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.80 of 2025, under Sections 85, 64(2)(M), 115(2), 351(2), 61(2) B.N.S., Police Station- Chhapar, District- Muzaffarnagar, during the pendency of trial. 4. As per prosecution story, the applicant, who happens to be brother-in-law (Jeth) of the victim, is stated to have sexually assaulted her. In addition to it, other family members are stated to have subjected her to cruelty for demand of dowry and beaten her up on 2.4.2025 and the said act continued till 3.4.2025 at 06:00 a.m. 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. The FIR is delayed by about seventeen hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the medical report indicates injury on the shoulder of the victim which has nothing to do with the applicant. There is no medical corroboration of the incident of rape assigned to the applicant. Learned counsel has stated that the victim is silent about the incident in her statement recorded U/s 183 B.N.S.S. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 24.4.2025 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 State Law Officer have vehemently opposed the bail application. 9. The Supreme Court in Kahkashan Kausar @ Sonam vs The State of Bihar, reported in 2022 (6) SCC 599 has categorically stated that the Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths. The relatives of the husband should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that victim has not allayed any allegation of rape against the applicant in her statement recorded U/s 183 B.N.S.S. coupled by the fact that there is no medical corroboration of the said incident either, 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- Waseem, 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 :- 26.5.2025/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad