HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33694 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri M. P. S. Chauhan, learned counsel for the applicant, Sri Varun Pratap Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 261 of 2017, under Sections 498A, 376 of IPC and Section 3/4 of the D.P. Act, Police Station Pali Mukeempur, District Aligarh. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been registered with the delay of six months of which no satisfactory explanation has been submitted. He submits that nothing incriminating material has been recovered from the possession of the applicant. There is no independent witness of the alleged incident. There is contradiction in the statement of the witness recorded under Section 161 Cr.P.C. and Section 164 Cr.P.C., which belies the prosecution story. In her statement, the victim has stated that she is living at her parental house since last one and half years then how the applicant can commit rape with the victim. He submits that the marriage of the co-accused Gaurav Sharma was solemnized with the first informant and the applicant and other co-accused never demanded dowry from the informant. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation. The applicant is languishing in jail since 01.09.2025. The applicant has criminal antecedent of one another case which has been explained in the affidavit Versus Counsel for Applicant(s) : M.P.S. Chauhan, Tarunesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Arpit Sharma .....Applicant(s) State of U.P. .....Opposite Party(s) filed in support of the bail application. He further submits that there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima- facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Arpit Sharma, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 6, 2025 pks BAIL No. 33694 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad