Amit @ Bhura vs State Of U.P.

2. Heard Sri Anil Kumar Pandey, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No.227 of 2025, under Sections 304, 64, 352, 351(3), 351(4) BNS, Police Station Kotwali Dehat, District Banda, 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. The FIR is delayed by one month and three days and there is no explanation of the said delay caused. The allegations are per se false. Initially the allegations were of outraging the modesty only and snatching away the mobile. The same allegations were reiterated at the stage of recording of the statement of victim recorded U/s 180 BNSS, but the allegations were escalated to that of rape in her statement recorded U/s 183 BNSS after legal consultation as an afterthought.

5. Learned counsel for the applicant has further argued that there is no medical corroboration of the incident either, as such, it is a clear cut case of false implication. The applicant has no criminal history and is in jail since 10.12.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail.

6. Learned A.G.A. has vehemently opposed the bail application but the submissions raised by learned counsel for the applicant could not be disputed.

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 inordinate delay in institution of FIR coupled by the fact that allegations of rape have been raised subsequently and also there being no medical corroboration of the incident, and 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. The bail application is allowed.

8. Let the applicant- Amit @ Bhura, 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.

9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.

(Krishan Pahal,J.)

May 6, 2026

Vikas Verma