HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31109 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri A. K. Singh, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 404 of 2024, under Sections 376, 323, 504, 506, 452 of IPC, Police Station Sidhari, District Azamgarh. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that as per allegation levelled in the FIR it has been alleged that on 10.09.2022 the applicant came to her house and made sexual relation under the pretext of marriage. He further submits that on 05.01.2024 the applicant along with one Babu Lal came to her room and committed rape with her. He submits that nothing incriminating material has been recovered from the possession of the applicant. There is no independent witness of the alleged incident. There is variation in the statement of the witness recorded under Section 161 Cr.P.C. and Section 164 Cr.P.C., which belies the prosecution story. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation. In the medical report, neither external nor internal injury has been found on the body of the victim. He submits that the victim is major and if any physical relation has been made but that was with the consent of the victim. The applicant is languishing in jail since 16.06.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with Versus Counsel for Applicant(s) : Ashok Kumar Singh Counsel for Opposite Party(s) : G.A. Ashok Mahato .....Applicant(s) State of U.P. .....Opposite Party(s) evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima- facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Ashok Mahato, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 6, 2025 pks BAIL No. 31109 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad