HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27361 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Office vide its report dated 16,10.2025 has reported that notice issued to the informant has been served through his daughter. 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. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant has submitted that according to the F.I.R., the allegations, the accused-Mustafa took the victim in the shop of the applicant and the applicant shut down the shutter of his shop, where the accused Mustafa has committed rape. Learned counsel further argued that according to the ossification test, the victim is aged about 19 years and that the victim in her statement recorded under Section 164 Cr.P.C. has specifically stated that she loves with the accused Mustafva and wants to marry him but when he started procrastinating, then in order to put pressure, the instant prosecution has been launched and now the family members of the accused Mustafa is ready to get her married with him. Learned counsel also argued that by the efflux of time, the trial of the accused-Mustafa was commenced before the Juvenile Justice Board, Sambhal, and the Juvenile Justice Board, Sambhal has acquitted the accused Mustafa from the charges levelled against, vide Judgement and order dated 29.07.2021. Learned counsel next argued in the Judgement and order dated 29.07.2021 passed by the Juvenile Justice Board, Versus Counsel for Applicant(s) : Rajendra Kumar Yadav Counsel for Opposite Party(s) : G.A. Siraj .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Sambhal, it has been observed that the P.W.1-victim has been declared hostile, whereas the P.W.2 informant has specifically stated that the accused-Mustafa did not commit any offence with her daughter. It is thus contended that no offence has been committed by the applicant and that the applicant has been falsely implicated in the present case merely on the ground that the applicant is a friend of the applicant. 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 09.07.2025. 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 Siraj involved in S.S.T. No. 205 of 2019 arising out of Case Crime No.513 of 2017 under Sections 376, 506, 120-B I.P.C., and Section 3/4 of POCSO Act, Police Station Chandausi, District Sambhal, 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, BAIL No. 27361 of 2025 2 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. 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. 27361 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad