HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33869 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 in unknown regarding missing of informant's niece aged about 15 years. When the victim was recovered her statement under Section 180 B.N.S.S. was recorded wherein she has stated that she used to talk on mobile phone with the applicant, on the date of incident she left the house alone and reached Gorakhpur, where applicant met her and she went away with him to Bihar and lived with him as his wife. In her statement recorded under Section 183 B.N.S.S. the victim has reiterated her earlier statement recorded under Section 180 B.N.S.S. and has also stated that she lived along with the applicant for six months as husband and wife, they have solemnized marriage in a temple, she had gone with the applicant on her own consent and the applicant has not kept her forcefully and whatever relations were developed between them the same were consensual. Learned counsel further submits that in her medical examination the concerned doctor has opined that no definite opinion regarding sexual assault can be given and she was found pregnant and in her medical examination she was found about 17 years of age, thus, taking benefit of two years either side, the victim appears to be major. 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 10.05.2025 with no criminal history. Versus Counsel for Applicant(s) : Shambhu Mani Tripathi Counsel for Opposite Party(s) : G.A. Rafique Haidaer Ali Alias Vijay Rajpoot .....Applicant(s) State Of U.P. And 3 Others .....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, but he does not dispute the facts asserted on behalf of applicant. 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-Rafique Haidaer Ali Alias Vijay Rajpoot, be enlarged on bail in Case Crime No. 401 of 2024, under Sections 137(2), 65(1) of B.N.S. and Section 5J(II)/6 of Protection of Children From Sexual Offences Act, Police Station- Salempur, District- Deoria, 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 7, 2025 Mustaqeem. BAIL No. 33869 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad