Neutral Citation No. - 2025:AHC:91500 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18017 of 2025 Applicant :- Jigar Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. This is the second bail application on behalf of the applicant. The first one was dismissed as withdrawn by this Court vide order dated 10.04.2025. The said order was not on merits. 4. Applicant seeks bail in Case Crime No.605 of 2024, under Sections 406, 328, 376, 506 and 507 I.P.C., Police Station Kotwali, District Ballia, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have spiked the drink of the victim and had committed rape with her on 16.10.2023 at about 11:00 a.m. The applicant is even stated to have video recorded the said act and clicked certain indecent photographs of the victim and had blackmailed her to make them viral. 6. 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 more than one year and there is no explanation of the said delay caused. The victim is obviously major as she is a married lady. There is no recovery of any photographs or video whatsoever. 7. 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 01.12.2024 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. Learned A.G.A. has vehemently opposed the bail application. 9. 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 medical corroboration of the incident coupled with the fact that there is no recovery of any photographs or video by the Investigating Officer, 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. 10. Let the applicant- Jigar Singh, 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. 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 :- 28.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad