HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28185 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Brijesh Kumar Srivastava, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.321 of 2024, under Sections 87, 137(2) B.N.S., Police Station Malpura, District Agra, 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 statement of victim recorded under Section 183 B.N.S.S. indicates her consent. She has categorically denied being subjected to any kind of sexual assault by the applicant. 5. Learned counsel for the applicant has further argued that the FIR is delayed by about three days and there is no explanation of the said delay caused. There is no criminal history of the applicant. The applicant is languishing in jail since 05.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 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) : Brijesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Basant .....Applicant(s) State of U.P. .....Opposite Party(s) learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR, 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- Basant, 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 15, 2025 (Ravi Kant) BAIL No. 28185 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad