HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26120 of 2025 Court No. - 65 (Sl. No. 128 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Vikas Yadav, Advocate holding brief of Sri Santosh Kumar Tiwari, learned counsel for the applicant and Sri Abhishek Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 28 of 2025, under Sections 376, 352, 342, 406, 504, 506 of IPC, Police Station - Surauli, District - Deoria, during the pendency of trial. 4. Having heard the learned counsel for the parties, this Court finds that the statement of the victim, who is a married woman, recorded u/s 183 of BNSS prima facie indicates her consent, as she had accompanied the applicant all the way to Raipur, Chhattisgarh, and did not raise any alarm whatsoever. The FIR is also delayed, having been instituted only after the victim moved an application u/s 175(3) of BNSS. Furthermore, there is no medical evidence on record to corroborate the alleged incident. 5. Without expressing any opinion on the merits of the case, prima facie the Court is of the view that the applicant has made out a case for bail. Accordingly, the bail application is allowed. 6. Let the applicant- Chhotu Chauhan, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court Versus Counsel for Applicant(s) : Santosh Kumar Tiwari Counsel for Opposite Party(s) : G.A. Chhotu Chauhan .....Applicant(s) State of U.P. .....Opposite Party(s) concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 7. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 23, 2026 Siddhant BAIL No. 26120 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad