Neutral Citation No. - 2025:AHC:60696 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12994 of 2025 Applicant :- Ram Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Shri Pankaj Bharti, Advocate, has filed his vakalatnama on behalf of informant, which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State as well as the learned counsel for the informant and perused the material brought on record. 3. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that applicant is named in the F.I.R. and the allegation made against him is that on 01.01.2025 at about 10:30 p.m. minor daughter of the informant aged about 16 years went missing. The informant searched out his daughter. On 05.01.2025 he was informed by Village Pradhan that his daughter is staying with the applicant. Learned counsel further submits that when the victim was recovered her statement under Section 180 and 183 B.N.S.S. were recorded wherein she stated that she is aged about 20 years, she left her house on 02.01.2025 on her own, she stayed in the house of her friend namely, Bulbul and her family members had lodged the case against the father of Bulbul, i.e., applicant and no wrong has been committed with her. On 07.01.2025 the victim was medically examined wherein no external injury was seen and she denied for her internal medical examination. Thereafter, the victim gave an application dated 09.01.2025 to the S.S.P. concerned making allegation that applicant had committed her rape and also made her obscene video, therefore, her statement be recorded again. On the application moved by the Investigating Officer that victim wants to record her statement under Section 183 B.N.S.S. the court concerned vide order dated 13.01.2025 had rejected the said application. Learned counsel, thus, submits that though the victim has not made any allegation of rape against the applicant in her statement recorded under Sections 108 and 183 B.N.S.S., but due to pressure of her parents she wants to change her version, thus, it appears that applicant has been implicated in the case with ulterior motive and entire prosecution story is false and fabricated, therefore, applicant may be enlarged on bail. 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 the applicant is in jail since 11.01.2025 with no criminal history. 4. Learned A.GA. for the State as well as learned counsel for the informant have opposed the prayer for bail but they could not dispute that it appears that applicant has been implicated for some other reasons and due to ulterior motive. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant-Ram Kumar, be enlarged on bail in Case Crime No. 03 of 2025, under Sections 137(2), 87 of B.N.S., Police Station- Jansath, District- Muzaffarnagar, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with 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 an 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. 7. In case of default of any of the conditions enumerated above, the informant would be free to move an application for cancellation of bail before this Court. Order Date :- 22.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad