HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33873 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Shri Ikshwaku Srivastava, Advocate, has filed his vakalatnama on behalf of informant, which is taken on record. 2. Learned counsel for the applicant has filed supplementary affidavit today in Court, which is also taken on record. 3. 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. 4. Learned counsel for the applicant submits that the F.I.R. was lodged against nine accused including the applicant. Learned counsel further submits that in the F.I.R. as well as in her statements recorded under Sections 180 & 183 B.N.S.S. the victim has made allegation of rape against all the nine accused including the applicant, but at the trial the victim appeared as P.W.1 and in her cross examination she has not made allegation of rape or threatening against the applicant along with seven other accused named in the F.I.R., whereas she has made specific allegation of rape and threatening against one named accused-Karan Sharma. A copy of cross examination of the victim (P.W.1) has been annexed as Anneure S.A.-1 to the supplementary affidavit filed today. 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 22.04.2025 with no criminal history. 5. Per contra, learned A.G.A. as well as learned counsel for the informant Versus Counsel for Applicant(s) : Ashok Kumar Singh, Pratibha Singh Counsel for Opposite Party(s) : G.A. Nihal .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) have opposed the prayer for bail of the applicant by contending that innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence, but they could not dispute the above facts asserted on behalf of applicant. 6. 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. 7. Let the applicant-Nihal, be enlarged on bail in Case Crime No. 130 of 2025, under Sections 137(2), 70(2), 351(3), 3(5), 115(2) of B.N.S. and Section 5g/6 of Protection of Children From Sexual Offences Act, Police Station- Shahganj, District- Jaunpur, 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. 8. 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 7, 2025 Mustaqeem. BAIL No. 33873 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad