HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36183 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Shri Praveen Kumar Sharma, Advocate, has filed his vakalatnama on behalf of victim which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State as well as learned counsel for the informant and perused the record. 3. Learned counsel for the applicant submits that the F.I.R. was lodged by the mother of the victim with the allegation that he committed rape of her minor daughter whose date of birth is 04.07.2007. The alleged incident is stated to be taken place on 21.06.2025, whereas the F.I.R. of the alleged incident was lodged on 05.07.2025 without there being any plausible explanation of delay of about 14 days. Learned counsel further submits that though the victim in her statement recorded under Section 180 & 183 B.N.S.S. has made allegation of rape against the applicant, but she has solemnized marriage with the applicant and she is living in the applicant's house. She is also present in the Court. As per her high school certificate she was 17 years and 11 months of age on the date of incident. Thus, taking benefit of two years she is major. Learned counsel further submits that since the victim has solemnized marriage with the applicant and the applicant is also ready to keep her as his wife, therefore, applicant may be enlarged on bail sympathetically. 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 Versus Counsel for Applicant(s) : Deepankar Shukla, Mukesh Kumar Pandey Counsel for Opposite Party(s) : G.A. Saurabh .....Applicant(s) State Of U.P. And 4 Others .....Opposite Party(s) 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 24.07.2025, having no criminal history. 4. The victim is present in the Court, who has been identified by her counsel. 5. Learned counsel for the informant submits that he has filed short counter affidavit on behalf of victim wherein in para-4 it has been stated on her behalf that earlier after marriage with the applicant she was not accepted by her family members and now she is residing at the house of applicant along with his parents. It has further been stated on her behalf that both the victim and the applicant had solemnized marriage willingly and on their own consent. Thus, there is no objection on behalf of victim. The victim has also given an undertaking in writing stating therein that she has solemnized marriage with the applicant and now she is living at her matrimonial house happily. The said undertaking given by the victim is taken on record and is marked as 'X'. 6. Learned A.G.A. has opposed the prayer for bail, but he has no objection. 7. 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. 8. Let the applicant-Saurabh, be enlarged on bail in Case Crime No. 224 of 2025, under Sections 333, 75(1)(i), 76, 351(2), 64(1) of B.N.S. and Section 3/4(1) of Protection of Children From Sexual Offences Act, Police Station- Phaphoond, District- Auraiya, 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. BAIL No. 36183 of 2025 2 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 officer or tamper with the evidence. 9. 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. (Dr. Gautam Chowdhary,J.) October 16, 2025 Mustaqeem. BAIL No. 36183 of 2025 3 Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad