Neutral Citation No. - 2025:AHC:83158 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16979 of 2025 Applicant :- Vijay Kumar Raikwar Alias Kalute Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Dubey,Rakesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rakesh Kumar Pandey, 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.0012 of 2025, under Sections 333, 64(1), 351(3) B.N.S., Police Station Talbehat, District Lalitpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim by barging into her house in the night of 08.01.2025 at about 11 p.m. On raising of alarm, the mother of the victim woke up and the applicant is stated to have run away. 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 six days and there is no explanation of the said delay caused. The victim is major aged about 27 years. There is no sign of any resistance or injury to the victim, as such, it is a clear-cut case of false implication. 6. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 19.01.2025 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. 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 sign of any resistance or injury to the victim, 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. 9. Let the applicant- Vijay Kumar Raikwar Alias Kalute, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 19.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad