HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44526 of 2025 Court No. - 67 HON'BLE SAMEER JAIN, J. 1. Sri R.N.Srivastava, learned AGA apprised the Court that notice has been served to the informant of the case on 8.12.2025. Despite service of notice none appeared on behalf of the informant. 2. Heard Sri Atmaram Nadiwal, learned counsel for the applicant and Sri R.N.Srivastava, learned AGA, for the State. 3. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.427 of 2025, under Sections 333,115(2), 352, 351(3), 78 and 70(2) BNS and Section 5G/6 POCSO Act, Police Station Rampur Maniharan, District Saharanpur during pendency of the trial. 4. Learned counsel for the applicant submits that applicant is innocent and on the basis of false allegation he has been made accused in the present matter. 5. He further argued that there is no allegation of rape against the applicant and victim in her statement recorded under Section 183 BNSS made allegation of rape against co-accused Lucky. 6. He further submits that victim in her statement under Section 180 BNSS however, made allegation of teasing against the applicant and co- accused Lucky. 7. He further argued that applicant has been made accused in the present matter only because he is friend of co-accused Lucky. Versus Counsel for Applicant(s) : Atmaram Nadiwal, Shipra Nadiwal Counsel for Opposite Party(s) : G.A. Lal Krishna .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 8. He further argued that however, as per the school record victim was about 14 years of age but as per report of CMO concerned, her age was about 18 years and, therefore, at this stage it cannot be said that she was below 18 years of age. 9. He further argued that apart from the present case applicant is not having any previous criminal history and in the present matter he is in jail since 6.11.2025, i.e., for the last more than four months. 10. Per contra, learned AGA, although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per school record victim was about 14 years of age but as per report of CMO concerned, she was about 18 years of age. 13. Further, however, victim in her statement recorded under Section 180 BNSS made allegation of teasing against the applicant and co-accused Lucky but in her statement recorded under Section 183 BNSS she started making allegation of rape against co-accused Lucky. Further, she did not even make allegation of rape against the applicant and according to this statement co-accused Lucky committed rape upon her. 14. Further, considering the fact that applicant is friend of co-accused the argument advanced by learned counsel for the applicant with regard to false implication of the applicant cannot be ruled out at this stage. 15. Further, applicant is not having any previous criminal history to his credit and in the present matter he is in jail since 6.11.2025, i.e., for the last more than four months. 16. Therefore, considering the facts and circumstances of the case discussed above in my view, applicant is entitled to be released on bail. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 18. Let the applicant-Lal Krishna be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like BAIL No. 44526 of 2025 2 amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 19. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 20. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. March 18, 2026 SKM BAIL No. 44526 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad