Neutral Citation No. - 2025:AHC:142544 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21132 of 2025 Applicant :- Manoj Singh Opposite Party :- State of U.P. Counsel for Applicant :- Anand Kumar Srivastava Counsel for Opposite Party :- G.A.,R S Dubey,Savita Dubey Hon'ble Krishan Pahal,J. 1. List has been revised. Rejoinder affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Anand Kumar Srivastava, learned counsel for the applicant, Sri Pramod Kumar, Advocate holding brief of Sri R S Dubey, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.136 of 2025, under Sections 115(2), 352, 351(3), 333, 74, 76, 64 B.N.S., Police Station- Tarkulwa, District- Deoria, during the pendency of trial. 4. As per prosecution story, the applicant alongwith two other persons, namely, Sudami Devi and Amit Singh is stated to have barged into the house of the informant, thereby Amit Singh is stated to have assaulted the informant with knife severing her finger. Subsequently, the applicant and other accused persons are stated to have outraged the modesty of sister of the informant and had torn her clothes off. 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. The FIR is delayed by about two days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that there is no injury sustained by the victim. The informant had sustained injury on her hand but the applicant is not the author of the said injury. The person who had inflicted the said injury on the informant is accused Amit Singh. 7. Learned counsel for the applicant has further contended that the allegations against the applicant have been escalated to that of aggravated sexual assault by fingering the victim in her statement recorded U/s 183 B.N.S.S. Learned counsel has stated that there is no medical corroboration of the said allegation of fingering. The said allegations have been made after legal consultation as an afterthought. As such, the applicant is entitled for bail. 8. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 22.5.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that FIR is delayed by about two days and it does not indicate the allegations of fingering coupled by the fact that role of assault has not been assigned to the applicant, 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. 11. Let the applicant- Manoj Singh, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 20.8.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad