HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24824 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Shyam Sunder Mishra, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 13 of 2025, under Sections 87, 137(2) of BNS, Police Station Ayana, District Auraiya, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim has not whispered a single word against the applicant in her statement recorded under Section 183 BNSS and as such it is a clear cut case of false implication. The FIR is delayed by three days and there is no explanation of the said delay caused. 5. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 13.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Navin Chandra Srivastava, Shyam Sunder Mishra Counsel for Opposite Party(s) : G.A. Surendra Ahirwar .....Applicant(s) State of U.P. .....Opposite Party(s) learned counsel for the parties, the evidence on record, taking into consideration the statement of victim recorded U/s 183 BNSS coupled with the fact that the FIR is delayed by three days, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant-Surendra Ahirwar, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. September 22, 2025 #Vik/- BAIL No. 24824 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad