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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34758 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 and perused the record. 2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. The applicant is named in the F.I.R. with the allegation that he committed rape of the informant's daughter aged about 23 years. In her statements recorded under Section 180 & 183 B.N.S.S. the victim has also made allegation of rape against the applicant. Learned counsel further submits that alleged incident took place on 14.06.2025, whereas the F.I.R. was lodged on 17.06.2025, without any plausible explanation of delay. Learned counsel for the applicant further submits that in the medical examination of the victim no internal or external injury was found on her person and her hymen was found intact, thus medical evidence does not support the prosecution case and the applicant has falsely been implicated with false and frivolous allegation. 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 18.06.2025, having no criminal history. 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. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on Versus Counsel for Applicant(s) : Ramesh Kumar Counsel for Opposite Party(s) : G.A. Bhole Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5.
Let the applicant-Bhole Singh, be enlarged on bail in Case Crime No. 66 of 2025, under Sections 64, 333, 351(2) of B.N.S., Police Station- Ayana, District- Auraiya, 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 9, 2025 Mustaqeem. BAIL No. 34758 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad