HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29498 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Deepak Upadhyay, Advocate holding brief of Shri Anand Pati Tiwari, learned counsel for the applicant, Sri S. K. Shukla, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 394/2025, under Sections 87, 137(2), 351(2) of BNS, P.S.- Ajitmal, District- Auraiya, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. It is further submitted that the statement of the victim record under Section 180 BNSS indicates that she was consenting party, she has not raised any alarm whatsoever during on the way from Auraiya to Gurugram. It is clear cut case of false implication. The victim is minor less than 17 years old as per high school certificate. It is further submitted that he has placed reliance upon the judgment of Apex Court in the case of Sushil Kumar Vs. Rakesh Kumar reported in (2003) 8 SCC 673. The FIR is delayed by about one day 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 10.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. Versus Counsel for Applicant(s) : Anand Pati Tiwari Counsel for Opposite Party(s) : G.A. Ashu .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 180 BNSS, no criminal history of the applicant and FIR is delayed by about one day 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. 7. Let the applicant- Ashu, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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 11, 2025 Sharad/- BAIL No. 29498 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad