Neutral Citation No. - 2025:AHC:79577 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35424 of 2024 Applicant :- Rajesh @ Pappu Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Supplementary affidavit filed on behalf of applicant today in Court is taken on record. 2. Heard Shri Gaurav Kakkar, learned counsel for the applicant- accused, learned A.G.A. for the State and perused the record. 3. The present second bail application has been filed by the applicant-accused in Case Crime No. 170 of 2008, under Sections 376, 394 I.P.C. , Police Station- Baharia, District- Prayagraj with the prayer to enlarge the applicant-accused on bail. The first bail application of applicant was rejected by this Court vide order dated 03.05.2024. 4. It is submitted by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It was submitted that initially a non-cognizable report lodged on 13.12.2008 against applicant and two co-accused persons, alleging that they have assaulted and did 'cherchar' with wife of informant. Said report was registered under Sections 323, 352, 504, 506 I.P.C. In her statement under Section 161 Cr.P.C., victim has merely made allegation of 'cherchar' and assault. It was stated that the applicant was granted bail by the court of Magistrate for offences under Sections 354, 323, 504, 506, 352 IPC on 20.12.2008. After that the complainant has made a Tehreer to the police making allegations of rape. Referring to facts of the matter, it was submitted that allegations of rape levelled against the applicant are afterthought and wholly improbable. The first bail application of applicant was rejected by this Court vide order dated 03.05.2024 and after that co-accused Phoolchandra has been granted bail by the co-ordinate Bench of this Court and co-accused Anil Kumar has been granted bail by the Hon'ble Apex Court. Referring to statement of complainant/ victim recorded under Section 164 CrPC, it was pointed out that case of applicant is on better footing than those co-accused namely Phoolchandra and Anil Kumar, who have been granted bail. Criminal history of six cases has been shown against the applicant and the same has duly been explained and in all those cases the applicant is on bail. Lastly, it was stated that the applicant is in jail since 25.08.2023 and similarly placed co-accused persons are on bail and thus, the applicant is also entitled to be released on bail. In case the applicant is granted bail, he shall not misuse the liberty of bail and will co-operate during trial. 5. Learned A.G.A. has opposed the prayer for bail and submitted that the first bail application of applicant has already been rejected on merits and no new ground for entertaining this second bail application is made out. However, it could not be disputed that similarly placed co-accused persons have already been granted bail. 6. Considering the submissions of learned counsel for the parties and all attending facts, without expressing any opinion on the merits, a case for bail is made out. Hence, the bail application is hereby allowed. 7. Let the applicant-accused - Rajesh @ Pappu, involved in aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant-accused shall not tamper with the evidence during the trial. (ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness. (iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law. Order Date :- 13.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad