Neutral Citation No. - 2025:AHC:23411 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5163 of 2025 Applicant :- Shameem Khan Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh Counsel for Opposite Party :- G.A.,Ray Sahab Yadav Hon'ble Ajay Bhanot,J. Matter is taken up in the revised call. By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 199 of 2021 at Police Station Premnagar, District Jhansi under Section 376 I.P.C. The applicant is in jail since 17.08.2023. The bail application of the applicant was rejected by the learned trial court on 30.01.2025. The following arguments made by Shri Shiv Kumar Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Ray Sahab Yadav, learned counsel on behalf of the first informant and Shri Suchit Tandon, learned AGA from the record, entitle the applicant for grant of bail: 1. The FIR is the result of a relationship of the victim with one Bharat Banshkar going awry. 2. The applicant was not named in the FIR nor in the statement of the victim under Section 161 Cr.P.C. 3. False and aggravated allegations were made by the victim against the applicant in her statement under Sections 164 Cr.P.C. at the behest of her parents only to deflect attention from her own conduct and to save the failing prosecution case. 4. The applicant has been implicated on account of malafides since he is close friend of the estranged lover of the victim. 5. The victim in her statement under Section 164 Cr.P.C. has admitted to residing with the said Bharat Banshkar. 6. Medical evidence to corroborate commission of rape by the applicant with the victim has not been produced by the prosecution. 7. After thorough investigation no credible implicatory evidence was found against the applicant and he was not chargesheeted. The applicant has been summoned by the trial court on the basis of a false testimony made by an interested witness. 8. The principal offender Bharat Banshkar who was named in the F.I.R. has already been enlarged on bail by this Court by order dated 05.07.2022 in Criminal Misc. Bail Application No. 15355 of 2022. The case of the applicant stands on a better footing than that of aforesaid principal offender. However, the applicant seeks parity in relief granted to the aforesaid principal offender. 9. The applicant has explained his criminal history. It is also contended that the applicant has become a soft target and a convenient scapegoat for the police authorities who nominated him in a number of false cases to burnish their professional credentials. The said cases do not have any bearing on the instant bail application. 10. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant- Shameem Khan be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties, or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 18.2.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad