Neutral Citation No. - 2025:AHC:142365 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26028 of 2025 Applicant :- Karam Husain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Kannojia,Ashutosh Kumar Nishad,Prabhat Kumar Counsel for Opposite Party :- G.A.,Kundan Rai,Vijay Kumar Rai Hon'ble Krishan Pahal,J. 1. List has been revised. None is present on behalf of the informant. 2. Heard Sri Ashutosh Kumar Nishad, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 0510 of 2025, under Sections 64(2)(m) of BNS, Police Station Kotwali Khalilabad, District Sant Kabir Nagar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the daughter of the informant aged about 21 years on 15.06.2025 at about 2:30 a.m. by barging into her house. 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. 6. Learned counsel has next stated that the victim is a consenting party as is but evident from the ultrasound report which indicates that she was pregnant by six weeks at the time of offence. The victim was in regular touch with the applicant and they were in love with each other. The applicant wants to marry the victim and shall take every endeavour to marry her after his release. There are several whatsapp chats which indicates that the victim is a consenting party. As per ossification test report, age of the victim has come up to be 20 years. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 16.06.2025 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 the fact that the victim is a consenting party, 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- Karam Husain, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with 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 :- 20.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad