HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33982 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Sri Afzal Hussain, learned counsel as well as learned A.G.A. for the State and perused the record. 2. The accused applicant is involved in Case Crime No.211 of 2025 under Sections 351(2) 64(1) of B.N.S., and Section 3/4 of POCSO Act, Police Station Tarya Sujan, District Kushi Nagar. 3. Learned counsel for the applicant has contended that in the F.I.R. it has been averred that when she had gone to matrimonial house of her sister, she met with the applicant, who used to state that he would marry her on such pretext, he started talking with the applicant and he established physical relation after giving threatening to her, yesterday also when he was forcing her to make physical relation, she resisted and dialled 112 number. Learned counsel has contended that in the F.I.R. no date and time of incident has been mentioned. He further submits that the victim in her statement recorded under Section 180 of B.N.S.S., has stated that the applicant had called her and he took her towards the railway crossing where he asked her to establish physical relation but she refused, whereas in her statement recorded under Section 183 of B.N.S.S., she has stated that on 07.06.2025 the applicant called her and again asked her to establish physical relationship but she refused but in the last part of her statement she stated that on the pretext of marriage, the applicant had established physical relation. Learned counsel argued that in fact no rape has been committed by the applicant and that the applicant has been falsely implicated in the present case. Apart from the same, learned counsel has also argued that there is material contradiction in the statement of the victim recorded under Sections 180 and 183 of B.N.S.S. It is thus contended that 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 Versus Counsel for Applicant(s) : Chandra Prakash Misra, Prakash Sharma Counsel for Opposite Party(s) : Afzal Husain, G.A. Sameer .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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 28.06.2025. 4. Learned AGA as well as learned counsel for the informant have vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicant. 5. 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. 6. Let the applicant Sameer be released on bail in the aforementioned case crime number on executing a personal bond and furnishing two 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. v) 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. 7. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. October 14, 2025 S.Ali BAIL No. 33982 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad