HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6231 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. 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 further submits that the incident is alleged to have taken place on 16.10.2024, whereas the F.I.R., has been lodged on 18.10.2024 without there being any plausible explanation of such delay. Learned counsel for the applicant has submitted that according to the F.I.R., allegations that sister of the informant is mentally retarded and prior to two-three months, the applicant had forcibly established corporeal relationship and on 16.10.2024, the applicant was forcible making physical relation with her and her paternal aunt had caught her, thereafter the the victim and her aunt told the informant about the incident. Learned counsel further argued that the statement of the victim has been recorded under Section 183 of BNSS, wherein she has categorically stated that the applicant had committed insolence. Learned counsel further argued that there is no allegations of rape against the applicant in her statement recorded under Section 183 of B.N.S.S. It is thus contended that the victim has not levelled any allegation against the applicant and therefore the applicant is entitled for bail. 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 Versus Counsel for Applicant(s) : Virendra Kumar Maurya Counsel for Opposite Party(s) : G.A. Pankaj Saini .....Applicant(s) State of U.P. .....Opposite Party(s) 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 19.10.2024. 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. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 4. 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. 5. Let applicant Pankaj Saini involved in Case Crime No.553 of 2024 under Sections 54(1), 351(2) of B.N.S., Police Station Sihani Gate, District Ghaziabad, 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:- 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. 6. In case of breach of any of the above condition, the trial Court shall be BAIL No. 6231 of 2025 2 at liberty to cancel the bail of the applicant in accordance with law. October 17, 2025 S.Ali BAIL No. 6231 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad