HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33337 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Suresh Kumar Maurya, Advocate, holding brief of Sri Bhaiya Ram Maurya, learned counsel for the applicant, Sri Vijendra Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Vishram Singh, seeking enlargement on bail in Case Crime No. 266 of 2025, under Sections 64 (1), 333 BNS, Police Station Bichhwa, District Mainpuri. 3. The allegation made in the FIR is that on 20.07.2025 at about 2:00 p.m., the applicant entered into the house of first informant and committed rape with his wife and ran away and Smt. Madhu, wife of Neeraj seen the applicant while fleeing after committing the offence. 4. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 25.07.2025. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 5. Learned counsel for the applicant submits that as per the medical report, no enternal/external injuries have been seen over the body of the victim. There are several contradictions in the statement of informant, witnesses and FIR version. It is argued that the applicant has not committed rape with the victim. The victim is major aged about 45 years and the applicant is about 48 years and it appears that the victim and the applicant are consenting party Versus Counsel for Applicant(s) : Bhaiya Ram Maurya Counsel for Opposite Party(s) : G.A. Vishram Singh .....Applicant(s) State of U.P. .....Opposite Party(s) hence, no offence is made out against the applicant. After completing investigation, the Investigating Officer has submitted charge sheet against the applicant on 15.08.2025. There is no direct or indirect evidence against the applicant and the entire prosecution story is false and concocted and frivolous Hence, bail has been prayed for. 6. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Vishram Singh involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 25, 2025 v.k.updh. BAIL No. 33337 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad