HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41459 of 2024 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Learned A.G.A. informed that notice has already been served upon the informant on 29.05.2024, which fact has been asserted in the counter affidavit dated 27.02.2025 filed on behalf of State. 2. List revised. None appears on behalf of informant despite service of notice. 3. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 4. Learned counsel for the applicant submits that the applicant is named in the F.I.R. The allegation against him is that the applicant committed rape upon the slow witted minor daughter of the informant aged about 17 years while she was sleeping on the roof, on account of which she became pregnant. Learned counsel further submits that though the victim in her statements recorded under Section 161 & 164 Cr.P.C. has made specific allegation of rape against the applicant, when it was informed to the Court that victim has given birth to a child then this Court vide order dated 30.05.2025 directed the Investigating Officer to get the DNA profile of the applicant matched with the child born to the victim and submit report and if required DNA test of the victim shall also be conducted and pursuant to that order the State has filed complaince affidavit dated 24.06.2025, annexing FSL report of the DNA test, as per which the applicant is not the biological father of the child born to the victim. Thus, Versus Counsel for Applicant(s) : Bhupendra Gangwar, Kuldeep Kumar Dixit, Nirbhay Singh Counsel for Opposite Party(s) : G.A. Kamal .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) it has been argued that applicant has been falsely implicated with false and frivolous allegations. 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 24.08.2024, having no criminal history. 5. 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 before conclusion of trial, therefore, he does not deserve any indulgence, but he has not disputed the above facts asserted on behalf of applicant. 6. 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. Accordingly, the bail application is allowed. 7. Let applicant-Kamal, involved in Case Crime No. 347 of 2024, under Sections 376, 506 I.P.C. and Section 3/4 of Protection of Children From Sexual Offences Act, Police Station Soron, District Kasganj, be enlarged on bail on furnishing a personal bond and two heavy 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. BAIL No. 41459 of 2024 2 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. 8. 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 14, 2025 Mustaqeem. BAIL No. 41459 of 2024 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad