HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33915 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Vakalatnama on behalf of informant has been filed by Sri Ajay Kumar Pandey and Sri J.B.Singh, learned counsel, today in the Court, is taken on record. 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 on 27.08.2025 at about 10:00 A.M. the victim was going to her sister-in-law (Nanad) hours at Meerut on the way, the applicant met her and asked her to drop at District Meerut as such she sat on his motor cycle and when they reached Baghpat by- pass, the applicant turned his motor cycle towards Muzaffar Nagar, for taking breakfast and he took him at Max Hotel, where the applicant has committed rape upon her in a room. 4. Learned counsel for the applicant has contended that the applicant is a married lady aged about 30 years and she was in consensual relationship with the applicant. Learned counsel has drawn attention of this Court to the statement of hotel manager and argued that hotel manager has stated the applicant and the victim came to his hotel, who stayed for a considerable time and went away and therefore there was no force or compulsion on the part of the applicant. Learned counsel also argued that the victim did not raise any alarm, while moving on a motor cycle and staying at a hotel and thus it is clear that the victim is a consenting party inspite of the same, she has levelled allegation of rape against the applicant. It is thus contended that the applicant is innocent and has been falsely implicated in the present case. Several other submissions in order Versus Counsel for Applicant(s) : Swetashwa Agarwal, Yash Raj Verma Counsel for Opposite Party(s) : G.A. Shahnawaz .....Applicant(s) State of U.P. .....Opposite Party(s) 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 09.09.2025. 4. 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. 5. 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 Shahnawaz involved in Case Crime No. 417 of 2025 under Sections 64(1), 351(3) of B.N.S., Police Station Jani, District Meerut 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:- 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. 7. In case of breach of any of the above condition, the trial Court shall be BAIL No. 33915 of 2025 2 at liberty to cancel the bail of the applicant in accordance with law. October 7, 2025 S.Ali BAIL No. 33915 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad