HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32976 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the informant and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the applicant is not named in the F.I.R. rather it discloses the name of one accused-Aditya Chaudhary. In the F.I.R. as well as in her statements recorded under Section 180 & 183 B.N.S.S. the allegation of rape has been made against the named co-accused-Aditya Chaudhary. The only allegation against the applicant is that when the named accused took her in the vehicle the applicant was also sitting in that vehicle and the applicant has made video when the co-accused Aditya Chaudhary was establishing sexual relations with her forcibly. Learned counsel further submits that there is no video on the record to show that applicant was involved in recording such video. The main allegation of rape is against the co-accused Aditya Chaudhary, and no allegation of rape has been made by the victim against the applicant, therefore, applicant may be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 09.07.2025, with no criminal history. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, Versus Counsel for Applicant(s) : Daya Shanker Pandey Counsel for Opposite Party(s) : Dinesh Kumar Yadav, G.A. Abhishek Tripathi .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) he does not deserve any indulgence, but they could not dispute that there is no allegation of rape against the applicant rather it has been made against the co-accused Aditya Chaudhary. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and considering the fact that there is no allegation of rape against the applicant rather it has been made against the co-accused Aditya Chaudhary and the case of applicant is distinguishable from the case of said co-accused, without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Abhishek Tripathi, be enlarged on bail in Case Crime No. 367 of 2025, under Sections 137(2), 70(2), 351(2) of B.N.S. and Section 5(g)(m)/6 of Protection of Children From Sexual Offences Act, Police Station- Modi Nagar, District- Ghaziabad, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. October 8, 2025 Mustaqeem. BAIL No. 32976 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad