Neutral Citation No. - 2025:AHC:90022 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17016 of 2025 Applicant :- Kaif Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 3. Heard Sri Anoop Pandey, holding brief of Sri Abhishek Tiwari, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 4. Applicant seeks bail in Case Crime No. 214 of 2025, under Sections 64, 351(2), 331(6) of BNS, Police Station Shahjanwa, District Gorakhpur, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have barged into the house of the informant on 07.04.2025 at about 10 p.m. and committed rape with her. After some time, her family members and neighbours had heard some noise and as such reached there and closed the door of the room where the applicant was kept but he was released by his family members who reached at the place of occurrence. 6. 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 2 days and there is no explanation of the said delay caused. 7. Learned counsel has also stated that the victim is major aged about 24 years. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 11.04.2025 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 AGA has 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 and taking into consideration the delay in institution of the FIR and there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Kaif Ansari, 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 the 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 :- 27.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad