HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17014 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. ORDER ON AMENDMENT APPLICATION NO.01 OF 2025 1. For the reasons stated in the affidavit accompanying the bail application, cause shown is sufficient. 2. Amendment application is allowed. 3. Let necessary amendment be carried out by learned counsel for the applicant during the course of the day. ORDER ON MEMO OF BAIL APPLICATION 4. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 5. Learned counsel for the applicant submits that the initially the F.I.R., was lodged under Section 191(2), 115(2), 352, 109(1) of B.N.S. and during the course of investigation Section 70(1) of B.N.S. has been added. Learned counsel further submits that perusal of the statement of the victim recorded under Section 180 of B.N.S. goes to show that there is no whisper against the applicant but the victim has levelled allegation of rape in her statement under Section 183 Cr.P.C. Learned counsel further argued that the son of the informant enticed away the sister of the applicant upon which some quarrel took place between the parties and maarpeet had also taken place but the allegation of rape has been levelled only to grave the offence, when as a matter of fact no such offence has been committed by the applicant. Learned counsel also argued that there is nothing on record to demonstrate that the offence under Section 70(1) of B.N.S., has been committed by the applicant and that the applicant has been falsely implicated due to village parti bandi. Learned counsel also argued that similarly situated co-accused namely, Ajay Bharatiya has already been enlarged on bail vide order dated 23.08.2025 passed in Criminal Misc. Bail Application No. 29075 of 2025, copy of which order has been produced before this Court and is taken on record. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The Versus Counsel for Applicant(s) : Krishna Kumar Mishra, Vikesh Kumar Tiwari Counsel for Opposite Party(s) : G.A. Manoj Bharatiya .....Applicant(s) State of U.P. .....Opposite Party(s) 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 28.03.2025. 6. 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. 7. 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. 8. Let applicant Manoj Bhartiya involved in Case Crime No.101 of 2025 under Sections 70(1), 191(2), 115(2), 352, 109(1) of B.N.S., Police Station Ghoorpur, District Prayagraj, be released on bail on furnishing a personal bond and two 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 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. 9. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 10. The bail application is allowed. September 16, 2025 S.Ali BAIL No. 17014 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad