HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37823 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 submits that applicant is named in the F.I.R. with the allegation of molesting and assaulting the victim aged about 22 years. In her statement recorded under Section 180 B.N.S.S. she has not made any allegation of rape against the applicant except of her assault and commission of some obscene activity, but in her statement recorded under Section 183 B.N.S.S. the victim has developed her story by making allegation of rape against the applicant. When the victim was medically examined one injury on her head was found, whereas, she denied for her internal medical examination. Thus, learned counsel submits that there are material contradictions in the version of F.I.R. as well as in her statements recorded under Sections 180 & 183 B.N.S.S. and in absence of any medical evidence suggesting her sexual assault, it appears that applicant has falsely been implicated in the case. 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 applicant is languishing in jail since 12.08.2025, having 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 Versus Counsel for Applicant(s) : Anand Prakash Dubey, Prashant Kumar Dubey Counsel for Opposite Party(s) : G.A. Krishnapal .....Applicant(s) State of U.P. .....Opposite Party(s) 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-Krishnapal be enlarged on bail in Case Crime No. 281 of 2025, under Sections 64(1), 651(2), 115(2), 74 of B.N.S., Police Station- Singhawali Ahir, District- Baghpat, 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, 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 30, 2025 Mustaqeem. BAIL No. 37823 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad