HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35129 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. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that the victim is married lady. Learned counsel has submitted that in the F.I.R. it has been alleged that at about 11:00 P.M. in the night of 06.03.2025 came to her house and had committed rape, whereas the victim in her statement recorded under Section 180 of B.N.S.S., has stated that the applicant came to her house and hold her hands on alarm, her father-in-law awoke and on seeing him, the applicant ran away, whereas the victim in her statement recorded under Section 183 of B.N.S.S., has improvised her statement to the extent of levelling allegations of rape. It is thus contended that there is material contradiction in the statement of the victim recorded under Sections 180 and 183 B.N.S.S. Learned counsel also argued that in fact, the victim is a consenting party and when her in-laws have seen the applicant while holding her hands, the applicant has been falsely implicated in the present case. He thus submits that no Versus Counsel for Applicant(s) : Jitendra Pal Singh, Pradeep Kumar Singh Counsel for Opposite Party(s) : G.A. Karan .....Applicant(s) State of U.P. .....Opposite Party(s) offence against the applicant is made out. 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 07.05.2025, 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 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. 5. Let applicant Karan involved in Case Crime No. 42 of 2025 under Sections 64(1), 331(4) B.N.S., Police Station Dioriya Kalan, District Pilibhit, 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. BAIL No. 35129 of 2025 2 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 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. 6. 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 13, 2025 S.Ali BAIL No. 35129 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad