HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12312 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 record. 2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that the victim, who is a married lady, in the F.I.R. as well as in her statements recorded under Section 180 & 183 B.N.S.S. has made allegation of rape by stating that the applicant used to commit her rape from the last two years. Learned counsel for the applicant further submits that the victim had denied for her medical examination, thus there is no evidence on record to support the prosecution case regarding rape committed upon the victim by the applicant. Learned counsel for the applicant further submits that as per the statements of the victim recorded under Section 180 & 183 B.N.S.S. the applicant used to commit her rape forcibly for the last two years, but she had not made any complaint earlier regarding such incident and it appears that consensual sexual relations were developed between them, thus, it appears that the victim is a consenting party and the applicant has falsely been implicated in the case. 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 applicant is languishing in jail since 11.02.2025, having 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, but he could not dispute the above facts asserted on behalf of applicant. Versus Counsel for Applicant(s) : Sudhir Kumar Tripathi Counsel for Opposite Party(s) : G.A. Sallauddin @ Pappu .....Applicant(s) State of U.P. .....Opposite Party(s) 4. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 5. Let applicant-Sallauddin @ Pappu, involved in Case Crime No. 59 of 2025, under Sections 64(2)(m), 333, 351(3), 115(2) of B.N.S., Police Station Gorakhnath, District Gorakhpur, be enlarged on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to 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. 7. The bail application is allowed. October 7, 2025 Mustaqeem. BAIL No. 12312 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad