HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16379 of 2026 Court No. - 65 (Sl. No. 7 out of 269) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Dwijendra Prasad, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 286 of 2026, under Sections 333, 64(2)k, 115(2), 351(3) of BNS, Police Station - Shikohabad, District - Firozabad, during the pendency of trial. 4. Learned counsel for the applicant submits that the FIR was lodged with a delay of two days, for which no plausible explanation has been furnished. It is further contended that the victim is a married lady and, in her statement recorded under Section 183 BNSS, she appears to be a consenting party, inasmuch as she has stated that the applicant committed rape upon her and, on her raising an alarm, her aunt reached the spot, the circumstance suggests that the report was lodged only after she was seen by her aunt in a compromising position with the applicant. 5. Having heard learned counsel for the parties, this Court finds that there is a delay of two days in lodging the FIR. The victim is a married lady and, from her statement under Section 183 BNSS, she appears, at this stage, to be a consenting party, as the circumstances prima facie indicate that the matter was reported only after she was seen by her aunt in a Versus Counsel for Applicant(s) : Dwijendra Prasad Counsel for Opposite Party(s) : G.A. Kamlesh .....Applicant(s) State Of U.P. Through Principal Secretary Home Gov. Of U.P. At Lucknow .....Opposite Party(s) compromising position with the applicant. 6. 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. Accordingly, the bail application is allowed. 7. Let the applicant- Kamlesh, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. May 14, 2026 Siddhant BAIL No. 16379 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad