Neutral Citation No. - 2025:AHC:123090 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25521 of 2025 Applicant :- Akash Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Kumar,Sudhanshu Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sudhanshu Kumar Singh, learned counsel for the applicant and Sri Bade Lal Bind, learned A.G.A.-I for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 94 of 2025, under Sections 64(1), 74, 115(2), 351(2), 352 & 333 of BNS, Police Station - Fariha, District - Firozabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have assaulted the informant/victim and had even outraged her modesty on 13.06.2025. 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 as alleged in the FIR. There is no time of offence mentioned in the FIR. 6. Learned counsel has also stated that the FIR is delayed by more than three days and the allegations levelled therein by the informant/victim were regarding the outraging of modesty only but the same have been escalated in her statement recorded u/s 183 BNSS to that of rape after legal consultation. Another allegation is that the applicant had video recorded the said act but there is no recovery of any video whatsoever. There is no medical corroboration of the incident. 7. Learned counsel has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 16.06.2025 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. Per contra, learned AGA-I has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and no time of offence mentioned in it and also taking into consideration the fact that neither any indecent video of the victim has been recovered from the possession of the applicant nor any medical evidence to corroborate the prosecution story coupled by the fact that the allegations have been escalated by the victim in her statement recorded u/s 183 BNSS, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Akash, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 25.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad