Neutral Citation No. - 2025:AHC:62472 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13383 of 2025 Applicant :- Raj Alias Gore Chamaar Opposite Party :- State of U.P. Counsel for Applicant :- Sandeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. 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 the F.I.R. was lodged against the applicant with the allegation that he had enticed away the sister-in-law of the informant. When the victim was recovered her statement under Section 180 B.N.S.S. was recorded wherein she stated that on the date of incident when went alone to Mathura on her own wishes and she had not made any allegation against anyone. Thereafter the victim in her statement recorded under Section 183 B.N.S.S. has stated that on the date of incident the applicant and one other co-accused Dilip took her forcibly on a motorcycle and he made allegation of rape against one Monu Pradhan, but she has not made any allegation of rape against the applicant. The victim denied for her medical examination. There are material contradictions in the statements of the victim recorded under Sections 180 and 183 B.N.S.S. As per her educational certificate the victim was found to be 16 years of age at the time of the incident. Taking into the account that the victim has not made any specific allegation of rape rather against one Monu Pradhan as well as taking into account the contradictions in her statements, the 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 16.01.2025, with no criminal history. 3. Learned A.GA. for the State has opposed the prayer for bail but he has not disputed that there are material contradictions in the statements of the victim and no specific allegation of rape has been made against the applicant. 4. 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. 5. Let the applicant-Raj Alias Gore Chamaar, be enlarged on bail in Case Crime No. 0293 of 2024, under Sections 137(2), 87 of B.N.S., Police Station- Thariyaon, District- Fatehpur, 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. 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. Order Date :- 23.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad