HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33509 of 2025 Court No. - 70 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. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant has submitted that the victim is major. Learned counsel further submits that the victim has specifically stated in her statement recorded under Section 180 of B.N.S.S., that prior to one and a half months before 24.06.2025 i.e. the occurrence date, she met with the accused Ashu Chaudhary on Instagram and on 24.06.2025 the co-accused Ashu Chaudhary had enticed her away from her house and took her to a closed factory, where four accused namely, Amjad, Sahil (applicant), Farman, Salim were also there and out of those four, the co- accused Farman had made video and thereafter they threatened for demand of Rs. 5 lacs from her father. In her statement recorded under Section 183 of B.N.S.S., the role of making video has been assigned to the applicant. Learned counsel further argued that there is material contradiction in the statement of the victim recorded under Section 180 and 183 of B.N.S.S. and that no video is apparent and no recovery of such video has been made. Furthermore, it has been argued that the injuries sustained by the victim is simple in nature. Learned counsel further argued that at the most offence, if any is made out is against the accused Ashu Chaudhary and that the applicant has been falsely implicated in the present case case. It is thus contended that the victim has not levelled any allegation against the applicant except allegation of making video and that Versus Counsel for Applicant(s) : Mohd. Naushad Counsel for Opposite Party(s) : G.A. Shahil .....Applicant(s) State of U.P. .....Opposite Party(s) too is not available on the face of record. It has also been argued that co- accused Salim has also been enlarged on bail by this Court vide order dated 24.09.2025 passed in Criminal Misc. Bail Applicat ion No. 32912 of 2025, copy of which order has been produced before this Court and is taken on record. 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 languishing in jail since 29.06.2025. It is thus contended that the applicant is entitled for bail. 3. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 4. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed. 6. Let applicant Shahil involved in Case Crime No. 380 of 2025 under Sections 74, 76, 115(2), 351(2), 126(2), 324(2), 308(5) B.N.S., Police Station Kairana, District Shamli, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to 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. BAIL No. 33509 of 2025 2 iv) 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 breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. September 26, 2025 S.Ali BAIL No. 33509 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad