HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33566 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 in the F.I.R. dated 09.06.2024 the prosecutrix alleged that earlier one and half year ago when she went to her sister's matrimonial house, the applicant, who is the husband of her sister, was alone and had committed her rape by threatening her, he also made her obscene video and photographs and by threatening and blackmailing her he used to commit her rape several times. In her statements recorded under Section 161 & 164 Cr.P.C. she has reiterated the version of F.I.R. lodged by her. Learned counsel further submits that false and frivolous allegation has been made against the applicant. The applicant has not committed any such crime. There is no video or photographs on the record as alleged by the victim. There is a great delay of more than one and half year in lodging of the F.I.R. without there being any plausible explanation of delay. Earlier the applicant had lodged a F.I.R. dated 15.05.2024 against the present prosecutrix and her husband under Section 306 I.P.C. with the allegation that on account of continuous harassment and torture meted to his wife by both these two named accused, his wife has committed suicide by consuming some poisonous substance. Thus, present F.I.R. has been lodged in counter blast of the criminal proceeding initiated by the applicant and the applicant has falsely been implicated in the 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 Versus Counsel for Applicant(s) : Dev Kaushik, Manish Kumar Mishra Counsel for Opposite Party(s) : G.A., Vijay Kumar Dwivedi Javed Alias Badshah Khan .....Applicant(s) State of U.P. .....Opposite Party(s) accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 31.07.2025, 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, he does not deserve any indulgence. 4. 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. 5. Let the applicant-Javed Alias Badshah Khan, be enlarged on bail in Case Crime No. 232 of 2024, under Sections 376, 506 I.P.C., Police Station- Roravar, District- Aligarh, 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 10, 2025 Mustaqeem. BAIL No. 33566 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad