HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37179 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 record. 2. Learned counsel for the applicant submits that applicant is not named in the F.I.R. The F.I.R. alleges that the named accused-Vansh had enticed away the minor daughter of the informant, aged about 16 years. When the victim was recovered her statement under Section 180 B.N.S.S. were recorded wherein she has stated that on the day of incident on being annoyed from her mother she went to her friend's house on her own, thereafter she went to another friend in Hapur, where the applicant took her to his village on the pretext of marriage and she has alleged that no sexual relations were made between them. In her statement recorded under Section 183 B.N.S.S. she has developed the story and made allegation of forceful rape against the applicant and that the applicant had made video clip of the alleged incident and she has also alleged that she knows applicant from the last one year and was in contact with him through snapchat app. The victim has denied for medical examination. As per high school marksheet she was aged about 17 years and taking benefit of two years either side the victim is major. Learned counsel further submits that there are material contradictions in both the statements of the victim recorded under Section 180 & 183 B.N.S.S. Moreover, as per her both the statements of the victim left her house on her own and reached at the house of applicant thereafter she went along with him to his village, thus, it appears that victim is 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 may deem fit to impose upon Versus Counsel for Applicant(s) : Prabhat Chandra Mishra, Shyam Singh Counsel for Opposite Party(s) : G.A., Onkar Singh Preet .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) him. He next submits that applicant is languishing in jail since 09.08.2025, having 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. 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-Preet be enlarged on bail in Case Crime No. 291 of 2025, under Sections 65(1), 123, 87, 137(2) of B.N.S. and Section 3/4(2) of Protection of Children From Sexual Offences Act, Police Station- Khatauli, District- Muzaffar 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 29, 2025 Mustaqeem. BAIL No. 37179 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad