Neutral Citation No. - 2025:AHC:89943 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18210 of 2025 Applicant :- Vijay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Moti Lal Chauhan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Moti Lal Chauhan, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.86 of 2025, under Sections 64, 333, 351(3) B.N.S., Police Station Gambhirpur, District Azamgarh, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have outraged the modesty of the victim on 01.04.2025 at about 11:00 p.m. and had pointed a CMP at her head and threatened her. 5. 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 one day and there is no explanation of the said delay caused. The allegations of outraging the modesty were raised in the FIR and were reiterated in the statement of the victim recorded under Section 180 B.N.S.S., but subsequently the allegations have been raised to that of rape in her statement recorded under Section 183 B.N.S.S. that too after legal consultation. 6. 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 12.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. 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. 9. Let the applicant- Vijay, 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. 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 :- 27.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad