HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35690 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 as well as learned counsel for the informant and perused the material brought on record. 2. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged against the applicant and his parents. In the F.I.R. it has been alleged that when in the dawn of morning at about 4:00 hours when informant's minor daughter aged about 16 years went to ease herself, then the applicant took her forcibly and started committing her rape forcibly, when the informant's wife came out of the house for search of her daughter she heard noise of crying and reached at the house of applicant, then applicant's father and mother while abusing extended threats to her. In her statement recorded under Section 180 B.N.S.S. the victim has stated that on the alleged date the applicant took her forcibly to his house and committed her rape forcibly. In her statement recorded under Section 183 B.N.S.S. though the victim has made allegation of rape against the applicant but she has also stated that she was in relationship with the applicant for two months. In her medical examination no external or internal injury was found on the person of the victim, her hymen was found old torn, and as per radiological report her age was found to be about 18 years. Thus, learned counsel further submits that there are material contradictions in both the statements of the victim, and as per victim she was in relationship with the applicant for two months, thus, it appears that she was a consenting party and the applicant has been made accused with false and frivolous allegation due to ulterior motive. 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 Versus Counsel for Applicant(s) : Priyanka Bharati, Sudhir Kumar Agarwal Counsel for Opposite Party(s) : G.A., Komal Prasad, Santosh Kumar Shukla Ramesh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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 the applicant is in jail since 29.07.2025, with no criminal history. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have 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, but they could not dispute the above submission made on behalf of applicant that the victim was a consenting party. 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-Ramesh, be enlarged on bail in Case Crime No. 0282 of 2025, under Sections 65(1), 352, 351(3), 352 of B.N.S. and Section 3/4 of Protection of Children From Sexual Offences Act, Police Station- Bakhira, District- Sant Kabir Nagar, 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 15, 2025 Mustaqeem. BAIL No. 35690 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad