HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33952 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Sri Shiv Shanker Sachan, learned counsel for the informant, learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that the applicant is not named in the F.I.R., and his named surfaced in the Majeed statement of the informant. Learned counsel has drawn attention of this Court of this Court to the statement of the victim recorded under Section 183 of B.N.S.S., and argued that the victim has stated that on 08.07.2025 two persons came and took away on a bike and had committed rape and also prepared video. She has also stated that she did not recognise them. Learned counsel further argued that no identification parade has been conducted to identify that as to whether it is the applicant, who along with another co-accused have rape upon the victim or nor. He further submits that merely on the basis of suspicion, the applicant has been falsely implicated in the present case, due to ulterior motive. 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 Versus Counsel for Applicant(s) : Rakesh Kumar Mishra Counsel for Opposite Party(s) : G.A., Gyan Prakash Gupta, Shiv Shankar Sachan Chhotu Ali .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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 11.07.2025. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have 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. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant Chhotu Ali involved in Case Crime No. 313 of 2025 under Sections 137 (2), 70(2), 351(2) of B.N.S., and Section 5G/6 POCSO Act, Police Station Bilari, District Moradabad, be released on bail on furnishing a personal bond and two local 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 BAIL No. 33952 of 2025 2 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 at liberty to cancel the bail of the applicant in accordance with law. 7. The bail application is allowed. October 14, 2025 S.Ali BAIL No. 33952 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad