Neutral Citation No. - 2025:AHC:82357 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16770 of 2025 Applicant :- Kallu Opposite Party :- State of U.P. Counsel for Applicant :- Harsh Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Harsh Narayan Singh, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.18 of 2025, under Sections 74, 333, 115(2), 351(3), 64 B.N.S., 2023, Police Station Girwan, District Banda, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have outraged the modesty of the victim and robbed her ornaments in the mid night of 15/16.01.2025. 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 sixteen hours and there is no explanation of the said delay caused. The allegations of outraging the modesty have been escalated to that of rape by the victim in her statement recorded under Section 183 B.N.S.S. after legal consultation. 6. Learned counsel for the applicant has further argued that there is no medical corroboration of the incident. There is no recovery of any ornaments whatsoever. The criminal history of one case assigned to the applicant stands explained. The applicant is languishing in jail since 20.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 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- Kallu, 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 :- 17.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad