HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29060 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Office vide its report dated 14.10.2025 has reported that notice issued to the informant has been served personally. 2. List revised. None appears for the informant inspite of service of notice. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. Learned counsel for the applicant has submitted that according to the F.I.R. allegations on 22.06.2025, the applicant telephonically called the minor daughter of the informant at Modinagar, as such she went to meet her, thereafter the the applicant tried to take her to a hotel, on her resistance, the applicant committed maarpeet and with an intention to kill her assaulted on her head with wooden batten. Learned counsel for the applicant has contended that the victim in her statement recorded under Section 183 of B.N.S., has stated that the applicant is her boy friend and she had gone with him on a motor cycle. When the applicant asked her to go to hotel, she refused, on such refusal, he assaulted with a wooden batten. The victim has also stated that two years back, the applicant had established corporeal relationship with her but she did not make any complaint. Learned counsel further argued that there is no allegation of rape at the relevant point of time and only to falsely implicate the applicant, the victim has stated that two years back, the applicant had established physical relationship. He further drawn attention of this Court to the medical examination of the victim and argued that the internal and Versus Counsel for Applicant(s) : Mohd. Afzal Ansari, Mohd. Khalil, Rohit Singh Counsel for Opposite Party(s) : G.A. Asad .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) external examination of the victim has been refused. It is thus contended that the applicant has been falsely implicated in the present case 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 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 applicant is languishing in jail since 05.07.2025. 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. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed. 6. Let applicant Asad involved in Case Crime No. 371 of 2025 under Sections 137(2), 65(1), 115(2), 109 BNS, Section 3/4(2) of POSCO Act, and Sect ion 3 (2)5 of SC/ST Act, Police Station Modinagar, District Ghaziabad, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- A. The applicant shall not tamper with the evidence during the trial. B. The applicant shall not pressurize/ intimidate the prosecution witness. C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is BAIL No. 29060 of 2025 2 suspected. E. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. October 17, 2025 S.Ali BAIL No. 29060 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad