Neutral Citation No. - 2025:AHC:129397 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26457 of 2025 Applicant :- Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Learned counsel for the applicant is permitted to carry out necessary corrections in the memo of application during the course of the day. 2. Heard Sri Anil Kumar, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 043 of 2025, under Sections 70(1), 115(2), 352, 351(3) of BNS Police Station Marka, District Banda, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have outraged the modesty of the informant and had even bitten on her neck and cheek on 13.04.2025 at about 7 p.m. 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 18 hours and there is no explanation of the said delay caused. 6. Learned counsel has further stated that the injuries were sustained by the victim somewhere else and no duration of injuries has been mentioned, although the victim had complained of tenderness of hair and orbital blackening and redness was found in both the eyes and that may even be caused by sand storm or any other form. It is next stated that multiple abrasions have been observed on the breast and thumb and a bruise has been observed on the right cheek but the said bruise does not fall within the category of bite mark. 7. Learned counsel for the applicant has next stated that the injury report does not corroborate the prosecution story as alleged in the FIR. The allegations made in the FIR have been escalated and drastically changed by the victim in her statements recorded under section 180 and 183 BNSS that too after legal consultation. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 20.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. 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. 10. The Supreme Court in the case of Manish Sisodia Vs. Directorate of Enforcement 2024 INSC 595, has again emphasized that the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that "bail is a rule and jail is an exception". 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR coupled by the statements of the victim recorded under section 180 and 183 BNSS, I find it a fit case to release the applicant on bail. The bail application is allowed. 12. Let the applicant- Sanjay, 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 the 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 1.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad