HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16382 of 2026 Court No. - 65 (Sl. No.9 out of 269) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Kuldeep Singh, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 41 of 2026, under Sections 352, 74, 64(1), 115(2), 333 BNS, Police Station Kotwali Dehat, District Mirzapur, during the pendency of trial. ARGUMENTS ON BEHALF OF APPLICANT: 4. The applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by two and a half months and there is no explanation of the said delay caused. 5. The victim is a consenting party as is but evident from the fact that applicant is stated to have entered the maternal house of the victim in an inebriated state, whereby the fact was mentioned in the District Control Room, as the information was received by them on 7.11.2025 at about 3:58:26 am. There is no medical corroboration of the incident. The victim is a married lady and obviously is major. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 14.3.2026 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Kuldeep Singh, Vipin Vinod Counsel for Opposite Party(s) : G.A. Mahesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) ARGUMENTS ON BEHALF OF STATE/INFORMANT: 7. The bail application has been opposed but the submissions raised by counsel for the applicant has not been opposed. CONCLUSION: 8. 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 FIR; there being no medical corroboration of the incident 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. 9. Let the applicant- Mahesh Kumar, 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 verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. May 14, 2026 Shalini BAIL No. 16382 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad