HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36705 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 as well as Shri Gaurav Mishra, learned counsel for the informant 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 the F.I.R. was lodged against the applicant and five other persons with the allegation that the applicant had enticed away minor daughter aged about 17 years and in this offence other named accused had assisted the applicant. When the victim was recovered her statement under Section 180 B.N.S.S. was recorded wherein she has stated that on the alleged date she called the applicant on phone to meet, she used to talk with him from the last one year and she went away with him on her own, thus, she has not made any allegation of rape upon the applicant in this statement. In her statement recorded under Section 183 B.N.S.S. she has developed the story and made allegation of rape against the applicant. The victim has denied for her external or internal medical examination. Thus, learned counsel argued that in absence of no evidence on the record to show commission of rape upon the victim and also from both the statements of the victim it appears that there are various contradictions as well as it also appears that the victim was a consenting party, thus, applicant may be enlarged on bail. It has also been stated that the applicant is ready to solemnize marriage with the victim. 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 30.08.2025, with no Versus Counsel for Applicant(s) : Shiv Sharan Tripathi Counsel for Opposite Party(s) : G.A., Gaurav Mishra Sahil .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) criminal history. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have vehemently 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, but they have also stated that they have no objection from the informant if applicant solemnize marriage with the victim. 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-Sahil, be enlarged on bail in Case Crime No. 341 of 2025, under Sections 137(2), 64, 87, 61, 115(2) of B.N.S. and Section 3/4 of Protection of Children From Sexual Offences Act, Police Station- Sasnigate, District- Aligarh, 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 27, 2025 Mustaqeem. BAIL No. 36705 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad