HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42265 of 2025 Court No. - 65 (Sr. No.74 out of 269) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Mukesh Joshi, learned counsel for the applicant, Sri Prakash Tripathi, learned counsel for the informant, Ms. Vishakha Dubey, learned counsel for the High Court Legal Service Committee, Sri Rajendra Prasad Singh, learned State Law Oficer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.218 of 2025, under Sections 137(2), 64(2)ड, 352, 351(3) BNS and Section 5ठ/6 POCSO Act, Police Station Dilari, District Moradabad, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about 17 hours, and there is no explanation for the said delay. The victim is a consenting party, as is evident from her statement recorded under Section 183 BNSS, wherein she has stated that her parents were in the adjoining room to the room where the applicant committed rape upon her, and she did not raise any alarm whatsoever out of fear, and the victim is stated to have roamed about in Moradabad for 4 days in a car. The applicant himself is a youth aged about 24 years. It is a clear-cut case of false implication. The applicant has no criminal history and is in jail since 20.09.2025. He undertakes to cooperate with the trial and not misuse the Versus Counsel for Applicant(s) : Manish Joshi, Mukesh Joshi Counsel for Opposite Party(s) : G.A., Prakash Tripathi, Vishakha Dubey Musharraf .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) liberty of bail. 5. Learned counsel for the opposite parties have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 183 BNSS, which indicates her consent, and 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. The bail application is allowed. 7. Let the applicant- Musharraf, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court 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. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. May 14, 2026 (Ravi Kant) BAIL No. 42265 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad