HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37451 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Sri Rajendra Kumar and Rajendra Kumar, learned counsel have their power on behalf of the informant today in the Court, which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. Learned counsel for the applicant submits that according to the F.I.R. as well as the statement of the victim recorded under Section 180 and 183 of B.N.S.S., go to show that the applicant was standing outside and the allegation of rape has been levelled against the main accused Jai Prakash. Learned counsel has also drawn attention of this Court to the supplementary medical report, copy of which is annexed as Annexure-5 to the affidavit accompanying the bail application and argued that no dead or spermatozoa seen in the given slide. It is thus contended that no offence against the accused Jai Prakash is made out and that the case of the applicant stands on better footing, therefore the applicant is entitled for bail. He thus submits that the applicant has been falsely implicated due to ulterior motive. Learned counsel next argued that the applicant has no criminal history. Several other submissions in order to Versus Counsel for Applicant(s) : Ram Pravesh Yadav, Shashank Kumar Counsel for Opposite Party(s) : G.A. Rahul Rai .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 20.08.2025. 3. Per contra, learned A.G.A. as well as learned counsel for the informant havber 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. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant Rahul Rai involved in Case Crime No.44 of 2025 under Sections 70(1), 352, 333 of B.N.S., Police Station Nagsar Halt, District Ghazipur, be released on bail on furnishing a personal bond and two local 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. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial BAIL No. 37451 of 2025 2 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. 7. The bail application is allowed. (Dr. Gautam Chowdhary,J.) October 29, 2025 S.Ali BAIL No. 37451 of 2025 3 Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad