HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33975 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Sri Amarjeet Upadhyaya, learned counsel for the informant, learned A.G.A for the State and perused the record. 3. Learned counsel for the applicant has submitted that initially a missing report was lodged on 29.03.2025 by the brother of the victim stating therein that his sister aged about 18 years had left the house on 26.03.2025 without informing them. Thereafter, the victim was recovered on 29.03.2025, who moved an application dated 29.03.2025 before the concerned Station House Officer, wherein she has categorically stated that on 26.03.2025 she was scolded by her brother on account of which, she left the house and went to her aunt (Bua's) house. Learned counsel further argued that the application dated 29.03.2025 is a part of case diary, copy of which is at page no.54 of the paper book. Learned counsel further submits that a first information report was lodged by the victim against the applicant and four others on 23.04.2025 with regard to the incident alleged to have taken place between 24.03.2025 to 28.03.2025 alleging therein that the applicant his three brothers namely, Arvind, Teetu, Kamlesh have committed rape upon her and a video has also been prepared. Learned counsel further argued that the incident is alleged to have taken place between 24.03.2025 to 28.03.2025, whereas the F.I.R. has been lodged on 23.04.2025 without there being any plausible explanation of such an inordinate delay. He further submits in the missing report as well as in the victim's application dated 29.03.2025, it has been averred that the victim was missing from 26.03.2025, whereas Versus Counsel for Applicant(s) : Mohd. Afzal Counsel for Opposite Party(s) : Amar Jeet Upadhyay, G.A. Deepesh Alias Deepu .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) the incident is alleged to have taken place from 24.03.2025 to 28.03.2025, which itself belies the prosecution story. He also submits that had the applicant had committed the offence, then the victim ought not to have given an application that she went to her Bua's house as her brother had scolded and in that application there is no whisper about commission of alleged offence. It is thus contended that the applicant is innocent and he has been falsely implicated in the present 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 applicant is languishing in jail since 03.03.2025 having no criminal history. 4. 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. Learned counsel for the informant has further argued that the applicant is the cousin brother of the victim and that the victim was recovered from her Bua's house. In case the applicant is released on bail he will misuse the liberty of bail. 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 Deepesh @ Deepu involved in Case Crime No.113 of 2025 under Sections 64, 123, 351(3) of B.N.S., and Section 3/4 of POCSO Act, Police Station Parikshitgarh, District Meerut be released on bail on furnishing a personal bond and two local heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- BAIL No. 33975 of 2025 2 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 an 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. 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 14, 2025 S.Ali BAIL No. 33975 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad