HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35926 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 applicant is named in the F.I.R. with the allegation that the applicant tried to commit rape upon the informant's daughter who was sleeping in her house at the time of alleged incident. The victim in her statement recorded under Section 180 B.N.S.S. has alleged that when she was sleeping in her house and about 2:00 hours in the night the applicant reached there and while committing obscene activity with her he tried to commit her rape and when she made noise her mother came who tried to rescue her from his clutches upon which the applicant started assaulting to her mother and when she tried to save her mother the applicant also assaulted her. Same statement has been reiterated by the victim in her statement recorded under Section 183 B.N.S.S. The doctor has medically examined the victim and her mother and in their medical examination four simple injuries were found on the person of the victim whereas two simple injuries were found on the person of mother of the victim. Learned counsel further submits in the medical examination of the victim no spermatozoa was seen in her vaginal smears and as per her own version the victim was was 20 years of age at the time of alleged incident. Learned counsel for the applicant further submits that as per the statements of the victim recorded under Section 180 & 183 B.N.S.S. it appears that victim was a consenting party and the applicant has falsely been implicated in the case. 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 Versus Counsel for Applicant(s) : Pawan Kumar Shukla, Rajesh Kumar Gautam Counsel for Opposite Party(s) : G.A. Amit Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) may deem fit to impose upon him. He next submits that applicant is languishing in jail since 28.07.2025, having no criminal history. 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. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Amit Kumar, be enlarged on bail in Case Crime No. 231 of 2025, under Sections 62, 333, 75, 64/62, 352, 115(2), 351(2), 351(3) of B.N.S., Police Station- Rani Ki Sarai, District- Azamgarh, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with 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 any 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 default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. October 29, 2025 Mustaqeem. BAIL No. 35926 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad