HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33276 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 and perused the record. 2. The accused applicant is involved in Case Crime No.524 of 2021 under Sections 376, 506 I.P.C., Police Station Baheri, District Bareilly. 3. Learned counsel for the applicant has contended that the applicant is the brother-in-law (Jeth) of the victim. Learned counsel further argued that the allegation against the applicant is that her husband namely, Daned (co-accused) had gone to Delhi for doing job and since then the applicant had kept an evil eyes upon her. On 21.07.2021 when all the family members had to offer prayer of Idul-ul-fitr, the applicant had entered into her room and had committed rape upon her. 3. Learned counsel for the applicant has contended that on the day of incident, there was Idul-ur-Fitr at the same time, there was a second wave of CORONA Pandemic-19 as such there was lockdown in the country and therefore no prayer of Idul-ul-Fitr was taken place in the Mosque and therefore the allegation that all the family members had gone to offer prayer, in the meantime, the applicant had committed rape is wholly false. Learned counsel further argued that since the victim's husband was doing job at Delhi and the victim was residing at her matrimonial house, due to said reason matrimonial discord was going on between the husband and wife, which has also culminated in instant prosecution. It is thus contended that the applicant has been falsely implicated in the present case. 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 applicant is Versus Counsel for Applicant(s) : Anuj Kumar Gupta Counsel for Opposite Party(s) : G.A. Kunwar Jamshed Alam .....Applicant(s) State of U.P. .....Opposite Party(s) languishing in jail since 13.08.2021. 4. Learned AGA has vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicant. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant Kunwar Jamshed Alam be released on bail in the aforementioned case crime number on executing a personal bond and furnishing two 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. v) The applicant shall not commit an 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. 7. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. October 9, 2025 S.Ali BAIL No. 33276 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad