HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33920 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Learned A.G.A. has stated that according to his instructions, notice has been served to the first informant of the casae on 21.07.2025. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A for the State and perused the record. 3. The prosecution story in brief is that the applicant is troubling the informant's daughter aged about 16 years on the pretext that he has some photograph with him and on several occasion, the informant's daughter asked him to show the photograph and to delete the same. On 08.05.2025 when the informant's daughter was going to school, the applicant met her and asked her that he will drop her to school and will also delete her photograph on such pretext, she went away with him and that the applicant has molested her. 4. Learned counsel for the applicant has contended that the incident is alleged to have taken place between 08.05.,2025 to 11.05.2025, whereas the F.I.R. has been lodged on 11.05.2025 without there being any plausible explanation of such an inordinate delay. He further submits that the victim in her statement recorded under Section 180 of B.N.S.S., wherein she apart from the F.I.R., version has also stated that the applicant had touched her with malafide intention whereas the victim in her statement recorded under Section 183 of B.N.S.S., she has stated that on 08.05.2025, when she left for school and was waiting for a Van, the applicant dragged her in a car and took him to a guest house and had Versus Counsel for Applicant(s) : Sunil Kumar Dubey Counsel for Opposite Party(s) : G.A. Saifurrahman Alas Ghazi .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) committed rape upon. Learned counsel has drawn attention of this Court to the statement of Hotel Manager, who has stated that the applicant and the victim came to his hotel and stayed in a room and to the question was put before him that as to whether the victim was taken forcible in a room, the reply was that the victim had gone out of her own free will. It is thus contended that the victim had gone out of her own free will without any coercion or threat. Learned counsel also argued that in the medical examination of the victim, neither any fresh injury seen all over the body nor any internal injury seen, whereas hymen represents an old healed tag. Learned counsel also argued that the applicant is innocent and he 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 languishing in jail since 11.05.2025. 5. 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 misuse the liberty of bail. 6. 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. 7. Let applicant Saifurrahman alias Ghazi involved in Case Crime No. 123 of 2025 under Sections 64, 87, 351(2), 137(2) of B.N.S., and Section 3/4 of POCSO Act, Police Station Bachraun, District Amroha (Jyotiba Phule Nagar) be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- BAIL No. 33920 of 2025 2 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 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. 8. 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. October 7, 2025 S.Ali BAIL No. 33920 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad