HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34693 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. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant has drawn attention of this Court to the statement of the victim recorded under Section 164 Cr.P.C., and argued that the victim has stated that the applicant took Rs. 40,000/- on the pretext of providing job and after four months she demanded either to return the money or to provide the job upon which, on fourteen October at about 01:00 P.M., the applicant told her that she has to go to Moradabad with him for providing job and she went away with him, who asked him to stay in Perfect Hotel, after about 5 minutes, he sniffed the handkerchief over her mouth on account of which, she became unconscious, thereafter the applicant had committed rape. He has further drawn attention of this Court to the statement of Ram Kishore recorded under Section 161 Cr.P.C., who has specifically stated that he is worker of Perfect Hotel and on 14.10.2020 at about 01:00 P.M. his owner Rahul had gone to market and he was alone in a Versus Counsel for Applicant(s) : Ambreen Masroor, Sadrul Islam Jafri, Sr. Advocate Counsel for Opposite Party(s) : G.A. Riyaz .....Applicant(s) State of U.P. .....Opposite Party(s) hotel, in the meantime, a lady who veiled herself came with a child and a person with her and they stayed in a hotel for considerable time, thereafter they went away from the hotel. Learned counsel further argued that no amount as alleged by the victim on the pretext of providing job was ever taken by the applicant and in fact, the victim is a major and married lady and is also a consenting party. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. 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 19.08.2025 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. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 4. 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. 5. Let applicant Riyaz involved in Case Crime No.791 of 2020 BAIL No. 34693 of 2025 2 under Sections 420, 406, 328, 376, 504, 506 I.P.C., Police Station Kotwali, District Moradabad be released on bail on furnishing a personal bond and two local heavy 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. 6. 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. (Dr. Gautam Chowdhary,J.) October 9, 2025 S.Ali BAIL No. 34693 of 2025 3 Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad