HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34755 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. There are four persons named in the F.I.R. including the applicant. The allegation made in the F.I.R. is that on the date of incident all the accused entered into her house while assaulting her and her husband all the accused had committed her rape. In her statements the victim reiterated the same version of F.I.R. Learned counsel further submits that there is no medical examination report of the husband of the victim despite there is allegation that he was also assaulted by the accused persons including the applicant. Learned counsel for the applicant further submits that in the medical examination of the victim though some external injuries were found but no any internal was found on her person and no definite opinion has been given regarding her sexual assault, thus medical evidence does not support the prosecution case. As per the victim she is aged about 30 years and is a married woman and is mother of two children. Learned counsel further submits that false and frivolous allegation has been made against the applicant. No such incident took place and the applicant has falsely been implicated due to old enmity and village 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 07.02.2025, having no criminal history. Versus Counsel for Applicant(s) : Prem Chandra Dwivedi, Vivek Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Salim Shah .....Applicant(s) State of U.P. .....Opposite Party(s) 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. 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-Salim Shah, be enlarged on bail in Case Crime No. 58 of 2025, under Sections 70(1), 74, 115(2), 333, 351(3) of B.N.S., Police Station- Trans Yamuna, District- Agra, 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 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. October 9, 2025 Mustaqeem. BAIL No. 34755 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad