Neutral Citation No. - 2025:AHC-LKO:44429 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7104 of 2025 Applicant :- Maroof Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Nand Lal Pandey,Apoorva Jyoti,Ujjwal Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. On a query being put to Shri Ran Vijay, learned A.G.A., he submitted that he has complete instructions in the matter and is ready to argue the case on merits, as such, this Court proceeded to hear the instant application seeking bail on merits. 2. Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the material available on record. 3. The present application has been filed on behalf of the applicant seeking bail in FIR/Case Crime No.0129 of 2025, under Sections 64(2)(m), 123, 351(2) and 352 B.N.S., Police Station- Sarojini Nagar, District- Lucknow South (Commissionerate Lucknow). 4. It is stated that the victim, aged about 43 years and mother of two adults aged about 19 years and 17 years, is real sister-in-law of the applicant and with oblique motive she has implicated the applicant by making allegations to the effect that after administrating intoxicant the applicant committed rape with her. The allegations in the FIR are not correct and to support the same there is no evidence available with the prosecution. Moreover, the victim herself is not a sterling witness for the reason that a perusal of Annexure Nos.4 and 11 would show that the applicant and victim were having cordial relationship and the FIR was lodged by the victim under the pressure of her husband to whom the applicant was used to help financially. 5. It is further stated that the applicant, who is having no criminal history and is in jail since 24.05.2025, is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. 6. Learned A.G.A. vehemently opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the applicant. 7. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the applicant and learned A.G.A., F.I.R. as also considering the fact that victim is real sister-in-law of applicant and is aged about 43 years having two sons aged about 19 years and 17 years respectively and the fact which appears from a bare perusal of Annexure Nos.4 and 11 according to which prima facie it reveals that the applicant and victim were having cordial relationship and the FIR was lodged under pressure of her husband and also that the applicant is in jail since 24.05.2025, as also the chances of conviction of the applicant in the instant case, this Court finds that the present applicant is liable to be allowed. Accordingly, it is allowed. 8. Let the applicant- Maroof Ali be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (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 him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C./351 B.N.S.S. 9. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 10. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observations made in this order. Order Date :- 31.7.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench