Neutral Citation No. - 2025:AHC:89099 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16783 of 2025 Applicant :- Janardan Opposite Party :- State of U.P. Counsel for Applicant :- Hare Ram Pandey Counsel for Opposite Party :- G.A.,Sushil Kumar Pandey Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shiva Narayan Pandey, Advocate holding brief of Sri Hare Ram Pandey, learned counsel for the applicant and Sri Sushil Kumar Pandey, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 26 of 2025, under Sections 74, 64, 351(3), 352, 115(2) & 117(2) of BNS, Police Station - Bharatkoop, District - Chitrakoot, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have outraged the modesty of the victim on 07.02.2025 at about 07:00 AM and also tried to drag her into his house. 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 four hours and there is no explanation of the said delay caused. 6. Learned counsel has conceded the fact that the victim herein had sustained fracture on her right forearm but the case of physical brawl between the parties has been converted into that of sexual assault by her at the stage of recording her statement u/s 183 BNSS whereby she has made the allegation of aggravated sexual assault after legal consultations. The case is of causing voluntarily hurt armed with weapons but it has been converted to sexual assault. 7. Learned counsel has next stated that there is no criminal history of the applicant. The applicant is languishing in jail since 30.03.2025 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 State Law Officer 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, nature of offence, delay in lodging the FIR and also considering the inconsistency in the statement of the victim recorded u/s 183 BNSS to the FIR, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Janardan, 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