Neutral Citation No. - 2025:AHC:91602 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17302 of 2025 Applicant :- Abdul Muid Alias Muheed Opposite Party :- State of U.P. Counsel for Applicant :- Mirza Faheem Beg Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Mirza Faheem Beg, learned counsel for the applicant and Sri Pranshu Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 840 of 2022, under Sections 376 of IPC, Police Station - Kotwali Nagar, District - Banda, during the pendency of trial. 4. Admittedly, the applicant was enlarged on bail in the instant case u/s 498-A, 323 & 506 of IPC vide order dated 01.08.2023 passed by learned CJM, Banda. Subsequent to it, the final report (charge-sheet) has been submitted in the said section only and the trial proceeded. During trial, the statement of the victim was recorded as PW-1 and after her cross-examination was completed, an application u/s 216 Cr.P.C. was moved by the prosecution with the prayer to add section 376 IPC in the case and the same application was allowed by the trial court. 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 instant case is a clear cut case of false implication. The applicant is the husband of the victim and she has stated that the applicant had established corporeal relationship with her prior to her marriage, as such, the said section has been added. 6. Learned counsel has also stated that the applicant has not misused the opportunity granted to him earlier on and he is ready to cooperate with trial. There is no criminal history of the applicant. The applicant is languishing in jail since 10.03.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the fact that the applicant is the husband of the victim coupled by the fact that the said section has been added by moving the application u/s 216 Cr.P.C. by the victim, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Abdul Muid Alias Muheed, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 28.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad