HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36329 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. Learned counsel for the applicant submits that the F.I.R. was lodged against 12 named persons and 11 unknown with the allegation that committed rape of the informant's daughter. Neither the applicant is named in the F.I.R. nor the victim in her statements recorded under Section 180 & 183 B.N.S.S. has taken his name. His name came into light in the confessional statement of one accused-Danish and the case of applicant is distinguishable from the case of other co-accused. The doctor who conducted medical examination of the victim has stated that there was no any external injury found on her person, on account of her menses, her internal examination as well as vaginal smears could not be taken. Thus, medical evidence does not support the prosecution 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 11.04.2025, 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 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. Versus Counsel for Applicant(s) : Shubham Counsel for Opposite Party(s) : G.A. Mohd. Raza Alias Zaib .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Let the applicant-Mohd. Raza Alias Zaib, be enlarged on bail in Case Crime No. 94 of 2025, under Sections 70(1), 74, 123, 126(2), 127(2), 351(2) of B.N.S., Police Station- Lalpur/ Pandeypur, District- Varanasi, 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. 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. 6. 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. 7. It is made clear that other co-accused will not claim parity of this order and their case shall be considered on their own merits. October 17, 2025 Mustaqeem. BAIL No. 36329 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad