HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32120 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 the allegation against the applicant is that, he had called the first informant to her room on the pretext that his mother wants to talk her and when the victim/informant reached his room, the applicant offered her cold drink, thereafter, she became unconscious and the applicant has committed rape upon her and has also prepared video and on the threatening to viral the video the applicant blackmailed her. Learned counsel further argued that the incident alleged to have taken place on 12.01.2025, whereas the F.I.R., has been lodged on 25.04.2025 without there being any plausible explanation of such an inordinate delay. Learned counsel further argued it is alleged in the F.I.R., that the applicant had prepared a video and thereafter gave threatening to viral the video but no incriminating obscene found in the mobile of the applicant, which mobile is still in custody of the Investigating Officer. He further submits that in fact, the applicant resides in the front of the house of the informant and that the informant and the applicant came close to each other. Learned counsel further Versus Counsel for Applicant(s) : Vinay Kumar Mishra Counsel for Opposite Party(s) : G.A. Deepak Mishra Alias Devid .....Applicant(s) State of U.P. .....Opposite Party(s) argued that the informant demanded some money from the applicant which was refused by the applicant and due to anger and annoyance, the applicant has been falsely implicated in the present 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 26.04.2025 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. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 4. 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. 5. Let applicant Deepak Mishra @ David involved in Case Crime No.448 of 2025 under Sections 64(1), 351(2) of B.N.S., Police Station Kotwali, District Deoria 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. BAIL No. 32120 of 2025 2 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. 6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. (Dr. Gautam Chowdhary,J.) October 27, 2025 S.Ali BAIL No. 32120 of 2025 3 Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad