HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34735 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. Learned counsel further submits that in the F.I.R. the victim has alleged that the applicant forcibly took her and committed her rape for two years and he was also making promise that he will marry her, but after two years he expelled her from his house, on 06.02.2023 her marriage was solemnized with another person, on 16.02.2023 when she came here to her parental house the applicant again took her to Raath and kept her in illegal confinement and used to commit her rape. In her statements recorded under Section 180 and 183 B.N.S.S. she has reiterated the version of F.I.R. Learned counsel further submits that the victim is a 23 years old woman. As per prosecution version there was affair between the victim and the applicant for three years. In the F.I.R. it has been alleged that the last incident is of 16.02.2023, whereas the F.I.R. has been lodged after two years with an inordinate delay without there being any plausible explanation. Learned counsel further submits that in her statement recorded under Section 183 B.N.S.S. the victim has alleged that after her marriage with some other person the applicant send her obscene photographs and video to her husband on account of which her husband deserted her, but in her complaint send to State Women Commission the victim has alleged that on account of non fulfillment of demand of dowry she has been deserted by her husband. Thus, it has been argued that false and frivolous allegation has been made against the applicant. The victim was living with the applicant for three years and even after her marriage with another person, she again started living with the applicant and whatever relations were made between them that were consensual relations, thus, victim is a consenting party 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 Versus Counsel for Applicant(s) : Sheshadri Trivedi Counsel for Opposite Party(s) : G.A. Manvendra Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 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 19.04.2025, 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 merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Manvendra Singh, be enlarged on bail in Case Crime No. 176 of 2025, under Sections 366, 376(2)(N), 323, 504, 506 I.P.C., Police Station- Rath, District- Hamirpur, 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. 34735 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad