Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36263 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 applicant is the father- in-law of the victim who has made allegation against the applicant that he tried to commit her rape. In the F.I.R. the victim has also made allegation of demand of additional dowry against all the accused including the applicant. Learned counsel further submits that the victim has lodged the present F.I.R. on 01.08.2025 with regard to the alleged incident of commission of her rape committed on 27.05.2025. There are material contradictions in the statements of the victim recorded under Sections 180 & 183 B.N.S.S. Earlier a dispute arose between the victim on account of matrimonial dispute in which mediation was failed, thereafter, the present F.I.R. has been lodged to exert pressure upon the applicant and his other family members. In her medical examination no external or internal injury was seen on the person of the victim, thus medical evidence does not support the prosecution case and it appears that this is the case of false implication. 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 29.08.2025, 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. Versus Counsel for Applicant(s) : Shaili Ganguly Counsel for Opposite Party(s) : G.A. Iqrar .....Applicant(s) State of U.P. .....Opposite Party(s)
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. 5. Let the applicant-Iqrar, be enlarged on bail in Case Crime No. 105 of 2025, under Sections 185, 115(2), 351(2), 64, 62 of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station- Kemri, District- Rampur, 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. October 17, 2025 Mustaqeem. BAIL No. 36263 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad