HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34526 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 in the F.I.R., it has been alleged that on 24.06.2025 at about 11:00 hours, the applicant entered in the house of informant and has molested her and when she refused, the applicant committed maarpeet and abused her. Learned counsel has drawn attention of this Court to the statement of the victim recorded under Section 180 of B.N.S.S. and has stated the victim has stated the same version as has been stated in the F.I.R. but she has improvised her version in her statement recorded under Section 183 of B.N.S.S., to the extent that the applicant has committed rape and has also made a video and she was beaten on 26 of the month. Learned counsel further argued that the victim has stated that she was beaten on 26 of the month, whereas she was medically examined on 25.06.2025. Learned counsel further argued that the victim has refused to undergo for internal examination, which itself falsifies the prosecution story. 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 Versus Counsel for Applicant(s) : Swati Agrawal Srivastava Counsel for Opposite Party(s) : G.A. Taiyab Ali @ Tayyab Ali .....Applicant(s) State of U.P. .....Opposite Party(s) 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 05.07.2025. 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 Taiyab Ali @ Tayyab Ali involved in Case Crime No. 156 of 2025 under Sections 76, 64, 74, 115(2), 333, 351(3), 352 B.N.S., Police Station Mahuadih, District Deoria, 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 BAIL No. 34526 of 2025 2 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. October 28, 2025 S.Ali BAIL No. 34526 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad