Neutral Citation No. - 2025:AHC:13561 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36522 of 2024 Applicant :- Shadab Opposite Party :- State of U.P. Counsel for Applicant :- Shahrukh,Kushagra Srivastava,Satya Narayan Gupta,Yogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1-Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. 2-The instant bail application under Section 439 of Cr.P.C. has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 167 of 2024, under Sections 376 (2)(l) I.P.C., Police Station-Dhaulana, District-Hapur during the pendency of trial. 3-As per the prosecution case in brief, complainant who is mother of the victim lodged a first information report on 28.06.2024 for the alleged offence under Sections 376(2)(l) I.P.C. against the applicant making allegation inter-alia that on 27.06.2024 at about 3-4 o'clock, her daughter who is handicapped and mentally retarted aged about 20 years was alone at her home and at that time, applicant came to her house and committed rape on her daughter. 4-The main substratum of argument of learned counsel for the applicant is that the applicant is neighbour of the complainant and on account of some ill-will, he has been falsely implicated in this case. Much emphasis has been given by contending that in medical examination report of the victim, no sign of use of force was found, however, the doctor has reserved the final opinion pending to the availability of FSL report. It is also pointed out that as per ossification test report dated 03.07.2024, victim was found aged about 22 years. Lastly it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has no criminal history to his credit and is languishing in jail since 30.07.2024, therefore, he is entitled to be released on bail. 5-On the other hand, learned A.G.A. opposed the prayer for bail of the applicant reiterating the prosecution case and contended that considering the gravity of the offence, bail application of the applicant is liable to be rejected. 6-Having heard the submissions of learned counsel for the parties and perusing the record, I find that the doctor has not given any final opinion about the sexual assault, therefore, this Court vide its order dated 09.01.2025 directed the learned A.G.A. to produce FSL report. In compliance of said direction, today on the matter being taken up, learned A.G.A. has produced the FSL report dated 25.01.2025 for perusal of this Court. On perusal of the same, I find that no spermatozoa/semen was found in vaginal slide, vaginal swab, vulval swab, anal swab and breast swab of the victim, as such, prima-faice the allegation of sexual assault is not corroborated from any material on record except the statement of the victim. The authenticity of victim's statement is yet to be adjudicated by the trial court. Under the facts and evidence on record, the possibility of false implication of the applicant cannot be ruled out. 7-Hence, the bail application is hereby allowed. 8-Let the applicant-Shadab, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. 9-In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. Order Date :- 27.1.2025 Saurabh Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad