Neutral Citation No. - 2025:AHC:62852 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44583 of 2024 Applicant :- Gulam Mohammad Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Rejoinder affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Vikrant Pratap Singh, Advocate holding brief of Sri Ajay Kumar Pal, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 567 of 2024, under Sections 333, 74, 351(2), 64(1) of BNS and Section 66-E of I.T. Act, Police Station - Bilari, District - Moradabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim when she had come to her maternal home from the house of her in-laws. He is stated to have threatened her to make her photographs viral, as such, the FIR was instituted. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. There is no date and time of offence mentioned in the FIR. There is no allegation of rape against the applicant. The photograph provided by the victim to the Investigating Officer is not indecent. 6. Learned counsel has also stated that there is no evidence to the fact that the applicant had made viral the said photographs of the victim, as such, it is a clear cut case of false implication. The victim is a married lady obviously she is major. There is no criminal history of the applicant. The applicant is languishing in jail since 05.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Gulam Mohammad, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date:- 24.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad