Neutral Citation No. - 2025:AHC:85516 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17512 of 2025 Applicant :- Adesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Rai,Gaurav Singh Counsel for Opposite Party :- Brahma Kumar Tiwari,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amit Rai, learned counsel for the applicant, Sri Brahma Kumar Tiwari, learned counsel for the informant, 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.29 of 2025, under Sections 137(2), 351(2), 70(2) B.N.S., 2023 and Section 5(G), 6 POCSO Act, Police Station Charthawal, District Muzaffar Nagar, during the pendency of trial. 4. As per prosecution story, the victim is stated to have gone with the co-accused person Himanshu on his motorcycle, whereby he is stated to have taken the motorcycle to an agricultural filed and the applicant alongwith two other co- accused persons were seen standing there, as such, the named accused person Himanshu is stated to have raped her on 21.02.2025 at about 5:00 p.m. 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 one day and there is no explanation of the said delay caused. The victim is a consenting party as far as co-accused person Himanshu is concerned and no role has been assigned to the applicant, although it is true that the applicant is stated to be standing at the place of occurrence, but the said allegations are false. 6. Learned counsel for the applicant has further argued that there is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 04.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that as per the judgment of Supreme Court passed in Raju @ Umakant vs. The State of Madhya Pradesh, 2025 INSC 615, the applicant is not entitled for bail. 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 overt act assigned to the applicant regarding rape coupled with the fact that there is 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. 9. Let the applicant- Adesh, 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 :- 21.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad