Neutral Citation No. - 2025:AHC:90294 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17057 of 2025 Applicant :- Sanjay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kumar Dhananjay Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shivesh Mishra, holding brief of Sri Kumar Dhananjay, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 42 of 2025, under Sections 75 of BNS and Section 376 IPC, Police Station Crossing Republic, District Ghaziabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have subjected the victim to sexual harassment on 13.02.2025 when he had gone to drop her at her flat and as such the victim garnered some courage, closed the door of her flat from outside thereby locking the applicant in it. The victim called her husband and the police personnel are stated to have retrieved the applicant from the said flat on the said date of incident. 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 allegations are per se false. 6. Learned counsel has also stated that the victim obviously is major as she is a married lady. There is no allegation of rape in the FIR. The allegations of rape have been foisted subsequently in her statement recorded under section 183 BNSS. There is no medical corroboration of the incident. The victim seems to be a consenting party as far as the applicant is concerned but the said relationship soared, as such the instant FIR has been instituted. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 02.04.2025 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 State Law Officer 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 fact that the victim is a consenting party and there being no medical corroboration of the incident and also the fact that the victim is major, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Sanjay Kumar, 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