Neutral Citation No. - 2025:AHC:85738 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17526 of 2025 Applicant :- Kuldeep Opposite Party :- State of U.P. Counsel for Applicant :- Priti Verma,Siya Ram Verma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Siya Ram Verma, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.01 of 2025, under Sections 64(1), 115(2), 352, 351(3) B.N.S., Police Station Rajpur, District Kanpur Dehat, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have raped victim in the agricultural field on 12.01.2025 at about 6:00 p.m. and had subsequently threatened her by pointing a gun on her private part. 5. Subsequently, the sister of the applicant is stated to have again come to the house of the victim and threatened her by showing a sickle, as such, the victim being left with no other option, had instituted the FIR. 6. Learned counsel for the applicant has argued that the FIR is delayed by about four days and there is no explanation of the said delay caused. The victim is a married lady, obviously she is major. There is no medical corroboration of the incident. 7. Learned counsel for the applicant has further argued that it is a clear-cut case of false implication. There is no criminal history of the applicant. The applicant is languishing in jail since 17.01.2025 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 the FIR and there being no medical corroboration of the incident, 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- Kuldeep, 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 :- 21.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad