HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22214 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Despite service of notice no one has appeared on behalf of informant even in the revised call. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 3. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is named in the F.I.R. with the allegation that when the minor daughter of the informant aged about 15 years was keeping watch alone on the sacks of wheat in the agricultural field the applicant reached their and by pressing her mouth he committed rape upon her and also assaulted and extended threats to her. In her statement recorded under Section 180 B.N.S.S. the victim has made allegation of rape against the applicant, whereas in her statement recorded under Section 183 B.N.S.S. though the victim has stated that the applicant committed bad act with her, she does not know bad act, but she has also specifically stated that the applicant had touched all over her body. The alleged incident took place on 19.04.2024, the F.I.R. was lodged on 24.04.2025 and on the same day the victim was medically examined wherein no external or internal injury was seen even on her private parts of the body, her hymen was found old torn and healed and as per radiological examination her age was found to be about 17 years. Thus, it has been submitted that as the victim in her statement recorded under Section 183 B.N.S.S. has stated that the applicant committed bad act with her, she does not know bad act and she has also specifically stated that the applicant had touched all over her body and also in her medical examination no recent external or internal injury was found on her private parts, it appears that prosecution has made false allegation against the applicant for commission of rape. 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 Versus Counsel for Applicant(s) : Raju Ratan Chauhan Counsel for Opposite Party(s) : G.A. Manoj Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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 27.05.2025, with no criminal history. 4. 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. 5. 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. 6. Let the applicant-Manoj Kumar, be enlarged on bail in Case Crime No. 97 of 2025, under Sections 115(2), 351(2), 65(1) of B.N.S. and Section 3/4 of Protection of Children From Sexual Offences Act, Police Station- Fatehgarh, District- Farrukhabad, 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. 7. 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. 22214 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad