Neutral Citation No. - 2025:AHC:93314 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17691 of 2025 Applicant :- Rakesh Kumar Chaudhary Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Mustafa Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Neeraj Srivastava holding brief of Mohammad Mustafa, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 113 of 2024, under Sections 498, 504, 506, 376, 323 I.P.C., Police Station Kaptanganj, District Basti, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have called the victim to Mumbai and had committed rape with her. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The allegations are per se false. The victim is a married lady and she has herself gone to Mumbai as stated by her. As such, it is a clear cut case of false implication. 6. Learned counsel for the applicant has further stated that obviously, the victim is major as she is a married lady and has two children. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that victim is a major and is a married lady and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Rakesh Kumar Chaudhary, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 30.5.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad