HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36715 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 applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that on 27.07.2012 a G.D. entry was made at the concerned police station with regard to the missing of informant's minor daughter aged about 15 years, thereafter, on 14.09.2012 the informant moved an application before the police nominating the applicant and two other accused by making allegation of abduction of her minor daughter against them. Thereafter, the missing report was converted into lodging of F.I.R. under Sections 363, 366 I.P.C., naming all the three accused including the applicant. After lodging of the F.I.R. the police investigated the matter and without recovering the alleged victim submitted charge sheet against the applicant and two other accused named in the F.I.R. under Section 363, 366 I.P.C., upon which cognizance was taken and charges were framed against them and all the three accused including the applicant were stood for trial under Sections 363, 366 I.P.C., in which the victim and other witnesses have not supported the prosecution case, which trial culminated into the acquittal of applicant and those two other accused vide judgment and order dated 05.05.2022 passed by the concerned trial court. Thereafter, on 09.02.2015 the victim appeared at the concerned police station and got recorded her statement under Section 161 Cr.P.C. wherein she has made allegation of abduction and rape against all the three accused named in the F.I.R., including the applicant. In this statement she has also stated that two other persons namely Akhilesh and Pintu also committed her rape and one child has also born. Thereafter, her statement under Section 164 Cr.P.C. was recorded before the court concerned in which she has reiterated the same version of her earlier statement recorded under Section 161 Cr.P.C. The victim was also medically examined wherein no internal injury was found Versus Counsel for Applicant(s) : Manish Kumar Kashyap, V.P. Singh Kashyap Counsel for Opposite Party(s) : G.A. Sanju .....Applicant(s) State of U.P. .....Opposite Party(s) on her person and she was found 18 years of age at the time of her medical examination. Thereafter, the Investigating Officer submitted supplementary charge sheet on 29.02.2015. Learned counsel argued that when at the trial the victim has adduced her evidence by stating that all the three accused including the applicant who were named in the F.I.R. have not abducted her and they have not committed any wrong with her and about eight years ago one unknown person has enticed away her, she does not know his name and thereafter after two years of her enticement she came her house on her own, her husband is Somesh, she has four children, therefore, there was no occasion for the Investigating Officer to recorded her statements under Section 161 & 164 Cr.P.C. Thus, it has been argued that applicant has been implicated in the case with false and frivolous allegations after due deliberation and consultation. 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 the applicant is in jail since 20.08.2025, with 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-Sanju, be enlarged on bail in Case Crime No. 362 of 2012, under Sections 376, 323 I.P.C., Police Station- Musajhag, District- Budaun, 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 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, BAIL No. 36715 of 2025 2 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 27, 2025 Mustaqeem. BAIL No. 36715 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad