HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35700 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 material brought on record. 2. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that in the F.I.R. the victim alleges that on 05.11.2023 at about 8:00 p.m. the applicant entered into her house having knife in his hand and on finding her alone he committed her rape forcibly, he also recorded video of the alleged incident and after threatening her he went away, thereafter by blackmailing her to viral the said video he committed her rape several times and he also extorted money from her. Learned counsel further submits that though in her statement recorded under Section 180 B.N.S.S. she reiterated the version of F.I.R. but she has also stated that she used to talk with the applicant and she has not informed to anyone about the first incident committed by the applicant and she told the same to her husband after one month. In her medical examination no internal or external injury was found on her person and her hymen was found old, ruptured and healed. Learned counsel further submits that as per statements of the victim she used to talk with the applicant, she does not inform anyone about the first incident for one month, both the victim and the applicant knew each other prior to the alleged incident, thus, it appears that victim was consenting party and false and frivolous allegations have been made against the applicant with ulterior motive and malafide intention. 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 the applicant is in Versus Counsel for Applicant(s) : Saket Jaiswal Counsel for Opposite Party(s) : G.A. Shakeel Ahmad Alias Kothari .....Applicant(s) State of U.P. .....Opposite Party(s) jail since 10.08.2025 with 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. 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-Shakeel Ahmad Alias Kothari, be enlarged on bail in Case Crime No. 239 of 2025, under Sections 64(2)(M), 351(3), 332(B), 352, 115(2) of B.N.S., Police Station- Maudaha, District- Hamirpur, 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 15, 2025 Mustaqeem. BAIL No. 35700 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad