HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35661 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 material brought on record. 2. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged against the applicant and two other persons. The applicant is the father of one of the accused, who enticed away the victim and who had solemnized marriage with her, has already been granted bail by the court below. There is no allegation against the applicant under Section 376 I.P.C. The only allegation against the applicant is that he supported her son to entice away the victim. False and frivolous allegation has been made against the applicant that he supported in her enticement, whereas, the marriage has been solemnized between the victim and the son of the applicant. The victim moved an application before the court concerned for recording of her statement under Section 164 Cr.P.C., upon which the court concerned ordered the Investigating Officer to submit its report. Learned A.G.A. also admits that the statement under Section 164 Cr.P.C. of the victim was not recorded. Thus, in absence of any such allegation levelled by the victim, it cannot be said that applicant has committed any offence. 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 the applicant is in jail since 21.08.2025, with 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 Versus Counsel for Applicant(s) : Bhuvnesh Kumar Singh Counsel for Opposite Party(s) : G.A. Tauheed .....Applicant(s) State of U.P. .....Opposite Party(s) 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. 5. Let the applicant-Tauheed, be enlarged on bail in Case Crime No. 148 of 2000, under Sections 366, 376 I.P.C., Police Station- Dhampur, District- Bijnor, 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 15, 2025 Mustaqeem. BAIL No. 35661 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad