Neutral Citation No. - 2025:AHC:142406 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28454 of 2025 Applicant :- Naseem Ahmed Opposite Party :- State of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicant as well as Sri Virendra Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.112 of 2025, under Sections 64, 115(2), 351(3) B.N.S., Police Station- Kotwali Dehat, District- Bijnor, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim on 28.5.2025 at about 09:00 a.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. The FIR is delayed by about seven hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that there is no medical corroboration of the alleged incident of rape rather it is the applicant who had sustained seven injuries and his medical examination was conducted the same day, but the FIR on his behalf has been instituted about nine days after it whereas the incident is of 28.5.2025 at 09:00 a.m. only. There is no explanation of the injuries sustained by the applicant, as such, it is a clear cut case of false implication. 7. It is further argued by learned counsel for the applicant that the victim is obviously major as she is a married lady. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 4.7.2025 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. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the injuries sustained by the applicant and there being no medical corroboration of the offence of rape, 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. 10. Let the applicant- Naseem Ahmed, 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. 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 :- 20.8.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad