HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36164 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. Learned counsel for the applicant submits that applicant is named in the F.I.R. along with one other accused. In the F.I.R. the victim who is a married lady has alleged that on the alleged date of incident when she was she was coming in the night two persons pushed her and committed her rape and she also took name of both the accused including the applicant. Learned counsel further submits that in her statement recorded under Section 180 & 183 B.N.S.S. though she has made allegation of rape against both the accused including the applicant, but there are various material contradictions as in her statement recorded under Section 183 B.N.S. despite allegation of rape she has also stated that both the accused had cut her lips and cheeks, but as per medical examination of the victim no any injury was found on her lips and cheeks. It has also been submitted in her internal examination no injury was seen by the doctor and the doctor has not given any definite opinion about her sexual assault. Thus applicant has falsely been implicated in the case. 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 01.08.2025, having 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 adjudged at pre trial stage, therefore, he does not deserve any indulgence. Versus Counsel for Applicant(s) : Anurag Pathak, Harshit Pathak Counsel for Opposite Party(s) : G.A. Deepak Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 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-Deepak Kumar, be enlarged on bail in Case Crime No. 347 of 2025, under Sections 70(1) and 115(2) of B.N.S., Police Station- Sadar Bazar, District- Saharanpur, 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 16, 2025 Mustaqeem. BAIL No. 36164 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad