HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33805 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. The victim is major and perusal of her her statement recorded under Section 180 B.N.S.S., goes to show that there was no allegation of rape against the applicant, whereas in her statement under Section 183 of B.N.S.S., she has stated different version. It is thus contended that there is material contradiction in the statement of the victim recorded under Sections 180 and 183 of B.N.S.S. Learned counsel further argued that the victim has refused to undergo for medical examination, which also cast shadow of doubt upon the prosecution story. 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 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 07.08.2025 having no criminal history. Versus Counsel for Applicant(s) : Gaurav Kumar Shukla Counsel for Opposite Party(s) : G.A., Ram Mani Upadhyay, Sarvjeet Kumar Kuldeep .....Applicant(s) State of U.P. .....Opposite Party(s) 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 Kuldeep involved in Case Crime No.141 of 2025 under Sections 87, 64, 351(3), 333, 142 B.N.S., Police Station Kalwari, District Basti, 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 at liberty to cancel the bail of the applicant in accordance with law. October 13, 2025 S.Ali BAIL No. 33805 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad