HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44473 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Pradeep Kumar, learned counsel for the applicant and Shri B.P. Maurya, learned A.G.A. for the State and perused the record. 2. The names of Shri Akhilesh Kumar Gupta and Shri Rakesh Kumar gupta appear in the cause list as learned counsel for the first informant but none of them is present today. The matter was last taken up on 03.09.2026 and on that day also no one was present on behalf of the first informant and the matter was directed to be listed for today and it was made clear that on the next date fixed, if no one appears on behalf of the first informant in the first call, the application shall be heard in his absence. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 626 of 2025, under Sections 64(2)(M), 351(2) of B.N.S. and Section 67 of I.T. Act, Police Station Kotwali, District Maharajganj, during the pendency of the trial. 4. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case though there is no incriminating material against him. It is further submitted that the victim is a major lady and she has turned hostile before the learned trial Court and she has not supported the allegation of the first information report. It is further submitted that the victim has already been examined by the learned trial Court and there is no chance of tampering of evidence. It is Versus Counsel for Applicant(s) : Alok Kumar, Ambrish Kumar, Pradeep Kumar, Rahul Yadav Counsel for Opposite Party(s) : Akhilesh Kumar Gupta, G.A., Rakesh Kumar Gupta Pradumman Kumar Alias Pradumn .....Applicant(s) State of U.P. and Another .....Opposite Party(s) further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 19.11.2025, in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail. 6. As per first information report, the applicant is said to have enticed away the first informant / victim and he is said to have clicked some photographs of the victim in his mobile phone and by showing the said photographs, he is said to have committed rape on the victim. It is further submitted that the victim is a major lady and she has turned hostile before the learned trial Court and she has not supported the allegation of the first information report. It is further submitted that the victim has already been examined by the learned trial Court and there is no chance of tampering of evidence. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 19.11.2025. 7. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Accordingly, the present application is ALLOWED. 9. Let the applicant- Pradumman Kumar @ Pradumn involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (i) The applicant shall not directly or indirectly make any inducement, BAIL No. 44473 of 2025 2 threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (ii) The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond executed by him. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. Office is directed to send a copy of this order to the applicant through Jail Superintendent, Maharajganj via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. September 9, 2026 RKM BAIL No. 44473 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad