HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35882 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 innocent and has been falsely implicated in the present case. Learned counsel further submits that applicant is named in the F.I.R. with the allegation that applicant committed rape upon informant's daughter aged about 19 years. The victim in her statement recorded under Section 180 B.N.S.S. has stated that when she was alone in her house the applicant reached there and committed upon her rape. In her statement recorded under Section 183 B.N.S.S. the victim has developed her story by stating that earlier the applicant has committed her rape twice. The alleged incident took place on 22.08.2025 at about 2:00 hours in the day and the F.I.R. was lodged on 23.08.2025 and the victim was medically examined on 23.08.2025 itself and in her medical examination no internal or external injury was found on her person, no marks of forceful penetration was found, however doctor has opined that sexual assault cannot be ruled out, final report to be given after FSL report. Learned counsel further submits that till date there is no FSL report available on the record, which fact has also been admitted by the learned A.G.A. for the State. Learned counsel further submits that since there are material contradictions in both the statements of the victim under Sections 180 & 183 B.N.S.S. as well as in absence of any definite opinion given by the doctor regarding her sexual assault, further from her both the statements it appears that victim was a consenting party and the 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 Versus Counsel for Applicant(s) : Ajay Kumar Srivastava Counsel for Opposite Party(s) : G.A. Intezar .....Applicant(s) State of U.P. .....Opposite Party(s) Court may deem fit to impose upon him. There is criminal history of one case into the credit of applicant, in which he is on bail, which criminal history has been explained in 15 of the affidavit filed in support of the bail application. He next submits that applicant is languishing in jail since 25.08.2025. 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-Intezar, be enlarged on bail in Case Crime No. 250 of 2025, under Sections 64(1), 351(3), 333 of B.N.S., Police Station- Binauli, 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 29, 2025 Mustaqeem. BAIL No. 35882 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad