Neutral Citation No. - 2025:AHC:79182 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33871 of 2024 Applicant :- Sawan Opposite Party :- State of U.P. Counsel for Applicant :- Harindra Pratap Counsel for Opposite Party :- G.A.,Rajneesh Kumar Upadhyay Hon'ble Krishan Pahal,J. 1. List has been revised. None is present on behalf of the informant. 2. Rejoinder affidavit filed today by the learned counsel for the applicant is taken on record. 3. Heard Sri Harindra Pratap, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 361 of 2024, under Sections 70(1), 131, 115(2), 351(3) of BNS, Police Station - Tronica City, District - Ghaziabad, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed rape with the victim on 12.06.2025 and is stated to have done so several times further. On 14.07.2024, the applicant along with two other friends is stated to have committed gang rape with the victim. 6. 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 11 days from the date of last date of incident i.e. on 14.07.2024 and there is no explanation of the said delay caused. To explain the delay in lodging the FIR, the victim has given a false explanation that she had given an application to the police station concerned but her report has not been lodged. 7. Learned counsel has also stated that the instant case is a clear cut case of false implication. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 08.08.2024 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. 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay of 11 days from the last date of incident in lodging the FIR and there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Sawan, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 14.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad