Neutral Citation No. - 2025:AHC:82470 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16860 of 2025 Applicant :- Prince Prajapati Opposite Party :- State of U.P. Counsel for Applicant :- Vashishtha Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kalimuddin, Advocate holding brief of Sri Vashishtha Tiwari, learned counsel for the applicant, Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.34 of 2025, under Sections 74, 333, 351(3) and 64(1) B.N.S., Police Station Bhatparrani, District Deoria, during the pendency of trial. 4. 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 four days and there is no explanation of the said delay caused. Initially the FIR was instituted regarding outraging the modesty only, but subsequently the allegations have been escalated to that of rape by the victim in her statement recorded under Section 183 B.N.S.S. after legal consultation. 5. Learned counsel for the applicant has further argued that the victim is major aged about 19 years and so is the applicant. There is no criminal history of the applicant. The applicant is languishing in jail since 18.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. 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 the fact that the allegations of rape have been subsequently made by the victim at the stage of recording of her statement under Section 183 B.N.S.S., 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. 8. Let the applicant- Prince Prajapati, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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