HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34708 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 material brought on record. 2. Learned counsel for the applicant submits that the F.I.R. was lodged by the informant with the allegation that the applicant enticed away her mother. The alleged incident was occurred on 14.04.2025 whereas the F.I.R. was lodged on 16.04.2025. The victim appeared at the concerned police station on 21.04.2025 and on the same day her medical examination as well as her statement under Section 180 B.N.S.S. was recorded wherein she alleged that on the date of incident she left the house and reached Moodhapandey where applicant met her and and by intoxicating her he enticed her any place and she reached her home after eight days, thus, she has not made any allegation of rape in this statement. Whereas, in her statement recorded under Section 183 B.N.S.S. the victim has developed the story by stating that on the date of incident when she left her house, after some distance in a vehicle two persons were sitting, one of them was applicant, they pulled her forcibly in the vehicle, she knew the applicant from earlier and he used to love her for the last 14 years, he had already threatened for her elopement, after sniffed by some intoxicant she became unconscious and he took her in a room where he kept her for eight days and committed wrong with her and also assaulted her. Learned counsel further submits that in her medical examination though four external injuries were found on her person, which were simple in nature, but the doctor has opined that those injuries are about eight days old. In her internal examination the doctor Versus Counsel for Applicant(s) : Mukesh Joshi Counsel for Opposite Party(s) : G.A. Sardar .....Applicant(s) State of U.P. .....Opposite Party(s) found no injury on her private parts and her hymen was found old torn and healed. It has also been mentioned in the medical examination that victim is 40 years old and is a mother of three children, out of which the age of her elder children is mentioned as 20 years. Learned counsel further submits that there are material contradictions in the statements of the victim, in one of her statement later recorded she had also stated that she knew the applicant from earlier and he used to love her for the last 14 years and moreover, in her statement she alleged that applicant kept her close in a room for eight days but she has not raised any alarm during that period, thus, these two facts go to show that the 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 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 22.07.2025, 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-Sardar, be enlarged on bail in Case Crime No. 136 of 2025, under Sections 84, 351(4), 115(2), 127(2), 64(1) of B.N.S., Police Station- Mundhapandey, District- Moradabad, 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 BAIL No. 34708 of 2025 2 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. 34708 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad