HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34443 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Sri Jai Ram Pandey, learned A.G.A. for the State and perused the entire material available on record. 2. The applicant-Mohd. Kasim has filed the instant bail application with a prayer to enlarge him on bail in Crime No.271 of 2025, under Sections 64(1), 115(2), 333, 352, 351(2), 351(3) of B.N.S., Police Station Noorpur, District Bijnor during the pendency of the trial. 3. The prosecution story in brief is that on 30.07.2025 at about 09:00 P.M., the informant was sitting at her mansion, in the meantime, the applicant along with co-accused Shubham and one unknown came and started abusing her and torn her clothes and molested her. 4. Learned counsel for the applicant submits that the incident is alleged to occurred at about 21:00 P.M. on 30.07.2025, whereas the F.I.R. has been lodged on 05.08.2025 without there being any plausible explanation of such an inordinate delay. He further submits that the initially the F.I.R. has been lodged under Section 76 of B.N.S. along with other Section but the victim in her statement recorded under Section 183 of B.N.S.S., has levelled allegation of rape against the applicant. Learned counsel further submits that the victim is married major lady and in fact no offence has been committed by the applicant. He further submits that the victim has levelled allegation of rape in her statement recorded under Section 183 of B.N.S.S., and prior to it, there is no whisper about such allegation and therefore, 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 Versus Counsel for Applicant(s) : Rajiv Sisodia, Shashank Dwivedi Counsel for Opposite Party(s) : G.A. Mohd Kasim .....Applicant(s) State of U.P. .....Opposite Party(s) Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 07.08.2025. It is thus contended that the applicant is entitled for bail. 5. On the other hand, learned A.G.A. for the State has contended that there is specific allegation against the applicant. He further submits that the victim version fully corroborates the prosecution story. He next submits that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 6. Perusal of the record shows that the applicant has been assigned specific role of commission of offence which version is fully supported by the victim in her statement recorded under Section 183 B.N.S.S. Apart from the aforesaid, henious offence has been committed against society. 7. Keeping in view submissions of learned counsel for the parties, gravity of offence, nature of allegations and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, I do not find any good reason to exercise my discretion in favour of the accused-applicant. 8. Accordingly, the bail application stands rejected. October 28, 2025 S.Ali BAIL No. 34443 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad