HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33855 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 3. 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 by the victim herself with the allegation that on the date of alleged when she was alone in her house at about 10:00 p.m. the applicant after entering in her house molested her and when she made noise the applicant fled away while threatening her. Learned counsel further submits that the as per the victim the alleged incident took place on 07.02.2025 whereas the F.I.R. was lodged on 17.02.2025, i.e., after ten days of the alleged incident without there being any plausible explanation of delay. Learned counsel further submits that the victim in her statement under Section 180 B.N.S.S. has also made only allegation of molestation and she has not made any allegation of rape against the applicant, but in her statement recorded under Section 183 B.N.S.S. she has developed the story and has made allegation of rape against the applicant. Learned counsel further submits that in her medical examination the concerned doctor has opined that no definite opinion regarding sexual assault can be given and she was found about 18-19 years of age. Thus, it has been argued that there are material contradictions in the above two statements of the victim, which Versus Counsel for Applicant(s) : Ranu Tiwari, Vishveshwar Mani Tripathi Counsel for Opposite Party(s) : G.A. Rajan Rajbhar .....Applicant(s) State of U.P. .....Opposite Party(s) create doubt about the veracity of the prosecution 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 him. He next submits that the applicant is in jail since 09.05.2025, with no criminal history. 4. 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, but he does not dispute the above facts asserted on behalf of applicant. 5. 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. 6. Let the applicant-Rajan Rajbhar, be enlarged on bail in Case Crime No. 59 of 2025, under Sections 333, 351(2), 64(1), 74 of B.N.S., Police Station- Gauri Bazar, District- Deoria, 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 BAIL No. 33855 of 2025 2 officer or tamper with the evidence. 7. 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 7, 2025 Mustaqeem. BAIL No. 33855 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad