HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31054 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Supplementary affidavit filed today in compliance of the Court's order dated 11.09.2025 is taken on record. 2. Heard Sri Satendra Singh, learned counsel for the applicant, Sri Satish Kumar Yadav, learned counsel for the informant, Sri Ajay Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.23 of 2025, under Sections 64(2)m, 351(3), 352 of B.N.S., Police Station Kurawali, District Mainpuri, 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. He submits that the alleged incident took place on 03.04.2023 whereas the FIR was registered on 23.11.2025 as such the FIR is delayed by almost two years and there is no explanation of the said delay caused. Even it is delayed by about two years from the initial date of offence. The application under Section 173(4) B.N.S.S. has been moved after a delay of about twenty months as it was filed on 07.12.2024. There is no explanation of any delay either. Versus Counsel for Applicant(s) : Satendra Singh Counsel for Opposite Party(s) : G.A. Anand Singh Alias Thakur Anand Nandan Maharaj .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Learned counsel for the applicant has further argued that the victim has changed her version constantly at several places. It is a clear-cut case of false implication. The victim is 35 years old lady. There is no medical corroboration of the incident as she has refused her medical examination. Learned counsel has also stated that there is no recovery of any video whatsoever. There is no criminal history of the applicant. The applicant is languishing in jail since 11.07.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. It is further submitted that on the similar footing the co-accused Mahant Ajaydas Maharaj has been granted bail by the Court vide order dated 05.05.2025 passed in Criminal Misc. Bail Application No. 13760 of 2025, therefore, the applicant is also entitled to be released on bail. 6. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of the FIR and there being no medical corroboration of the incident coupled with the fact that there is no recovery of any video whatsoever, 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. 8. Let the applicant, Anand Singh Alias Thakur Anand Nandan Maharaj, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the BAIL No. 31054 of 2025 2 applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 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. October 6, 2025 pks BAIL No. 31054 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad