HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37352 of 2024 Court No. - 49 HON'BLE AJAY BHANOT, J. Matter is taken up in the revised call. By means of bail application the applicant has prayed to be enlarged on bail in Case Crime No.574 of 2024 at Police Station-Kotwali Lalitpur, District-Lalitpur under Sections 376, 452, 506 IPC. The applicant is in jail since 09.07.2024. The bail application of the applicant was rejected by the learned trial court on 07.09.2024. The following arguments made by Ms. Ruchita Jain, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Jitendra Kumar Shukla, learned counsel for the informant and Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail: 1. The applicant and the victim were intimate and had consensual relations. 2. The F.I.R. is the result of the aforesaid relationship going awry. Versus Counsel for Applicant(s) : Ashish Kumar Dubey, Rakesh Kumar Pandey, Ruchita Jain Counsel for Opposite Party(s) : G.A. Sonu .....Applicant(s) State of U.P. .....Opposite Party(s) 3. The applicant never gave a plighted word to marry the victim. 4. There is no medical evidence to corroborate the commission of rape. 5. Major inconsistencies in the F.I.R. statements of the victim under Sections 180 BNSS and Section 183 BNSS discredit the prosecution case. 6. The F.I.R. is being leveraged to force applicant to marry the victim. 7. The applicant does not have any criminal history apart from the instant case. 8. The applicant does not have any criminal history apart from the instant case. 9. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of the applicant influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Sonu 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 below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties BAIL No. 37352 of 2024 2 after due application of mind in light of the judgement passed by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties, or onerous conditions which are unrelated to the socioeconomic status of the applicant. February 25, 2026 Ashish Tripathi BAIL No. 37352 of 2024 3 (Ajay Bhanot,J.) Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad