Neutral Citation No. - 2025:AHC:31318 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7786 of 2025 Applicant :- Shailendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Narendra Kumar, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Shailendra Singh, seeking enlargement on bail in Case Crime No. 490 of 2024, under Sections 140(4), 351(2), 123 of the Bharatiya Nyaya Sanhita, 2023, Police Station Karhal, District Mainpuri. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 28.12.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. The only role of the applicant is that he has driven the vehicle, which was used in the alleged incident. In the statement of the victim recorded u/s 183 of B.N.S.S., she has clearly stated that co-accused Kallu @ Sumit had committed rape with her and applicant is only driving the car. As such applicant has not committed any offence as alleged in the F.I.R. No mark of any injury has been seen on the body of the victim. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 6. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Shailendra Singh, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 5.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad