HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34499 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 the incident is alleged to have taken place on 06.08.2015 at about 12:30 hours, whereas the F.I.R., has been lodged on 07.08.2025 at about 00:15 hours without there being any plausible explanation of such an inordinate delay and the allegations against the applicant is that he along with Santosh has committed the offence. Learned counsel further argued that the victim is major and is aged about 30 years. In her statement recorded under Section 180 of B.N.S.S., she has stated that on 06.08.2025 at about 11:00 hours she was going Robertganj to attend a meeting on the way, one Lavkush get off her from the tempo and took her away to Rahmanpur forest, who was also accompanied by his friend and both of them had committed wrong with her and dropped her, thereafter when she was going on the way to her house, the applicant along with his friend came and they also took her to a deserted place, where they also committed wrong with her. Learned counsel has also drawn attention of this Court to the statement of the victim recorded under Section 183 of B.N.S.S., and argued that she has stated that Lavkush and his friend took her to jungle, who on the pretext of giving money, have committed wrong with her. Apart from the same, Versus Counsel for Applicant(s) : Saurabh Pandey Counsel for Opposite Party(s) : G.A. Mintu Alias Vivekanand .....Applicant(s) State of U.P. .....Opposite Party(s) she has also stated that Lavkush asked her to her mobile number, who will distribute the same to Mintu (applicant) and he will also give money, thereafter she had gone with the applicant, who established physical relation with her. Learned counsel has argued that in the F.I.R., the incident is alleged to have taken place at about 12:30 hours levelling allegation against the applicant and one Santosh, whereas the victim in her statement recorded under Sections 180 and 183 of B.N.S.S., has stated that the incident had taken place at about 11:00 hours and she has introduced two more accused including the named accused persons and perusal of her statements shows that the victim is a consenting party who used to establish physical relations after taking money therefore, no offence is made out against the applicant and it appears that due to some dispute the applicant has been falsely implicated in the present case. It is thus contended that the applicant is entitled for bail. 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 Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 08.08.2025. 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. 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 Mintu alias Vivekanand involved in Case Crime No. 143 of 2025 under Sections 70(1), 351(3) of B.N.S., and Sect ion 66E, BAIL No. 34499 of 2025 2 67A of Information Technology Act, 2000 Police Station Pannuganj, District Sonbhadra, 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 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 28, 2025 S.Ali BAIL No. 34499 of 2025 3 Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad