HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35163 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. A first information report has been lodged on 04.07.2025 against the applicant and his wife wherein it has been averred that the applicant is committing rape since last five years, in the meantime, she conceived thrice and thrice the applicant in connivance with his wife got her pregnancy terminated on resistance, they locked her in a room and committed maarpeet and tortured her in different manner. 3. Learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case. He further submits that according to the F.I.R., version the applicant was committing rape for the last five years and she also became pregnant, however the applicant in connivance with his wife got her pregnancy terminated. Learned counsel argued that had the applicant was committing rape with the applicant for the last five years, then F.I.R., out to have been lodged earlier but no such F.I.R., has been lodged. Learned counsel argued that the applicant in connivance with her wife terminated her pregnancy, cannot be believed by a man of Versus Counsel for Applicant(s) : Sushil Kumar Dubey, Vishal Jaiswal Counsel for Opposite Party(s) : G.A. Altaf .....Applicant(s) State of U.P. .....Opposite Party(s) ordinary prudence. Learned counsel also argued that the victim in her statement recorded under Section 180 of B.N.S.S., has specifically stated that in case, the applicant solemnised marriage with her, then she has no objection, whereas in her statement recorded under Section 183 of B.N.S.S., she has stated she wants to marry with the applicant and in the marriage she also wants a plot and therefore the greediness of the applicant is apparent on the face of record.. Learned counsel argued that in fact the victim wants to marry with the applicant but the applicant, who is a Priest (Maulana) and is already married person, has refused to soelmnise marriage with her and on account of anger and annoyance, the victim has levelled bald and frivolous allegations against the applicant. It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. 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 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 06.07.2025 having no criminal history. 4. 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. 5. Considering the entire facts and circumstances of the case, BAIL No. 35163 of 2025 2 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. 6. Let applicant Altaf involved in Case Crime No. 423 of 2025 under Section 64 of B.N.S., Police Station Lohiya Nagar, District Meerut, 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 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 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. 35163 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad