HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 46143 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 has contended that according to the F.I.R., allegations, on 29.09.2024 at about 06:00 P.M. when the victim had gone to ease herself in the jungle, the applicant dragged her to sugarcane field and tried to commit wrong with her when she raised alarm, the applicant threatened her and she was bleeding. Learned counsel for the applicant has contended that the victim in her statement recorded under Section 180 of B.N.S.S. has stated that when she had gone to ease in a jungle, the applicant dragged her and has committed rape with her. Similar version has also been stated by the victim in her statement recorded under Section 183 of B.N.S.S. Learned counsel has argued that in the F.I.R., it has been alleged that the applicant tried to commit wrong and she was bleeding, whereas the victim has levelled allegation of rape against the applicant which itself demonstrate that the prosecution has no legs to stand. Apart from the aforesaid, learned counsel has also thrusted upon the medical report and argued that the medical evidence does not corroborate with the prosecution version. 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 Versus Counsel for Applicant(s) : Ayush Kaushik Counsel for Opposite Party(s) : G.A. Ankush @ Sukka .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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 13.10.2024. 4. 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. 5. 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. 6. Let applicant Ankush @ Sukka involved in Case Crime No.503 of 2024 under Sections 65(1), 351(2), 333, 115(2) B.N.S., and Section 3/4 (2) of POCSO Act, Police Station Sardhana, District Meerut, 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. 7. In case of breach of any of the above condition, the trial Court shall be BAIL No. 46143 of 2025 2 at liberty to cancel the bail of the applicant in accordance with law. February 16, 2026 S.Ali BAIL No. 46143 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad