HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23319 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. 3. Learned counsel for the applicant has contended that according to the F.I.R., allegations on 15.03.2025 at about 04:00 P.M., the victim was sleeping at the tube well in the meantime, the applicant came and committed rape and had assaulted her, due to which she sustained injuries. He further submits that the applicant is aged about 48 years, whereas as the victim is aged about 40 years and is mother of five children. Learned counsel further argued that the victim in her statement recorded under Section 180 of B.N.S.S. has specifically stated that when she was sleeping deeply at the tube well, the applicant had committed rape and when she awoke, she saw that the applicant was upon her, thereafter ran away, whereas the victim in her statement recorded under Section 183 of B.N.S.S., has stated that when she was sleeping deeply, she felt something due to which she awoke. Learned counsel further argued that there is no clear allegation of rape in the statement of the victim recorded under Section 183 B.N.S.S. Apart from aforesaid, learned counsel also argued that the medical evidence does not corroborate with the prosecution version. Learned counsel has next contended that the applicant and the victim's house are situated in front of each other and on account of using of sehan for shelter of cattle dispute arose between the parties, which has culminated in lodging of the F.I.R., of the instant case. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. Several other submissions in order to Versus Counsel for Applicant(s) : Rajesh Kumar Sachan, Sandhya Sachan Counsel for Opposite Party(s) : G.A. Chhavinath Alias Manjhil .....Applicant(s) State of U.P. .....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 16.03.2025 having 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. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 5. 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. 6. Let applicant Chhavinath alias Manjhil involved in Case Crime No.107 of 2025 under Sections 333, 64, 115(2) of B.N.S., Police Station Maharajpur, District Kanpur Nagar 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. 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 BAIL No. 23319 of 2025 2 to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. 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. 8. The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law. October 27, 2025 S.Ali BAIL No. 23319 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad