Neutral Citation No. - 2025:AHC:91273 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17282 of 2025 Applicant :- Shahid @ Anas Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Himanshu Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 13.05.2025 but none is present on behalf of the informant. 2. Heard Sri Himanshu Mishra, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 116 of 2025, under Sections 65(1), 61(2) of BNS and Sections 3/4(2) of POCSO Act, Police Station Rasool Pur, District Firozabad, during the pendency of trial. 4. As per prosecution story, the FIR was instituted by the informant stating that his daughter was forcibly abducted by the applicant and co-accused Israr about 3-4 months before and was returned back and kept mum for a substantial period of time. After delving deep, she revealed that she has been subjected to sexual assault by the applicant and co-accused person. 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 FIR is delayed and there is no explanation of the said delay caused. The allegations are per se false. 6. Learned counsel has also stated that the allegations of rape have been escalated in the statement of the victim recorded under section 183 BNSS that too after legal consultation. The victim has stated that she was suffering from depression but there is no evidence of any mental ailment to the victim. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 28.04.2025 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 delay in institution of the FIR and considering the statement of the victim recorded under section 183 BNSS, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Shahid @ Anas, 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 :- 28.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad