Neutral Citation No. - 2025:AHC:107092 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18944 of 2025 Applicant :- Ghulam Mohammad Opposite Party :- State of U.P. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sarve Nazir, learned counsel for the applicant, Sri Sunil Kumar, 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 The first one was dismissed as withdrawn with liberty to file afresh application by this Court vide order dated 29.4.2025 passed in Criminal Misc. Bail Application No.13677 of 2025. 4. Applicant seeks bail in Case Crime No.17 of 2025, under Sections 115(2), 64, 74, 333 B.N.S., Police Station Bhagatpur, District Moradabad, during the pendency of trial. 5. As per prosecution story, the applicant alongwith one unknown person is stated to have barged into the house of the informant/victim and assaulted her and had even acted indecently with her on 29.01.2025 at about 11:00 p.m. 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 about three days and there is no explanation of the said delay caused. The allegations in the FIR were of assault and criminal trespass only, but subsequently the allegations have been escalated to that of rape in the statement of the victim recorded under Sections 180 and 183 B.N.S.S. after legal consultation. 7. Learned counsel for the applicant has further stated that the medical examination of the victim has been conducted belatedly on 02.02.2025 i.e. on the fourth day of the incident and the injuries are not grievous in nature, although they match with the time of offence. The criminal history of one case assigned to the applicant stands explained as the said offence is triable by Magistrate and the applicant is on bail in it. The applicant is languishing in jail since 15.02.2025 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. 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 FIR and the fact that the allegations of rape have been levelled subsequently in the statement of the victim recorded under Sections 180 and 183 B.N.S.S. after legal consultation, 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- Ghulam Mohammad, 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 :- 8.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad