Neutral Citation No. - 2025:AHC:122926 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25588 of 2025 Applicant :- Haridas Opposite Party :- State of U.P. Counsel for Applicant :- Shakti Shanker Tiwari,Subhash Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Subhash Chandra Tiwari, learned counsel for the applicant and Sri Bade Lal Bind, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 146 of 2025, under Sections 64, 332(b), 352, 351(3) of BNS, Police Station - Girwan, District - Banda, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have barged into the house of the informant on 16.04.2025 at about 08:00 PM and had committed rape with her. 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. The FIR is delayed by about 40 days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the allegations are per se false. The victim is major aged about 38 years. 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 30.05.2025 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 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, inordinate delay in lodging the FIR and also considering the age of the victim being 38 years old coupled by the fact that there is no medical evidence to corroborate the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Haridas, 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