HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34741 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 material brought on record. 2. Learned counsel for the applicant submits 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 three persons including the applicant. In the F.I.R. the informant alleges that the applicant committed rape of his daughter several times and he also took her daughter sleeping pills to administer the same to her family members. In her statement recorded under Section 180 B.N.S.S. she has stated that she is aged about 20 years, there were telephonic conversation between her and the applicant, on the date of occurrence the applicant took her in a hotel where he gave her cold drink and after serving the same she became unconscious, thereafter, he committed wrong with her and also made her video and by blackmailing he committed her rape several times. In her statement recorded under Section 183 B.N.S.S. she has reiterated her earlier statement with some other development that applicant also gave her money. Learned counsel further submits that in both the statements the victim has also stated that the applicant took her sleeping pills to administer the same to her family members which she had administered, thus, it appears that victim is a consenting party. Attention of the Court has also been drawn to the medical report of the victim in which doctor has opined that no definite opinion regarding rape can be given. 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 14.07.2025, with no Versus Counsel for Applicant(s) : Irfanul Huda Counsel for Opposite Party(s) : G.A. Rahid .....Applicant(s) State of U.P. .....Opposite Party(s) criminal history. 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-Rahid, be enlarged on bail in Case Crime No. 0439 of 2025, under Sections 64(1), 351(2) of B.N.S., Police Station- Lohiyanagar, District- Meerut, 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. 34741 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad