HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34685 of 2024 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 applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that in the F.I.R. the informant alleges that on the date of occurrence after midnight the applicant entered into her house and by disrobing her sister-in-law he was flirting her by laying on her cot and when informant's father-in-law saw him and tried to catch him fled away from the spot. In her statements recorded under Section 180 & 183 B.N.S.S. she has reiterated the version of F.I.R. by stating that the applicant was committing wrong with her. Learned counsel for the applicant further submits that in the medical examination of the victim no internal or external injury was found on her person, no spermatozoa was seen on her vaginal smears, her hymen was found old torn and healthy and as per radiolgical report the age of the victim was found to be 22 years, thus medical evidence does not support the prosecution case. Learned counsel for the applicant further submits that as per the statements of the victim recorded under Section 180 & 183 B.N.S.S. when the applicant was committing wrong with the victim as it has been alleged, the victim has not raised any alarm or tried to resist the said act as has been committed by the applicant, thus, it appears that victim is a consenting party and the applicant has falsely been implicated in the case. 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. As to the criminal history that has been explained in para-19 of the affidavit filed in support of the bail Versus Counsel for Applicant(s) : Sukrampal Counsel for Opposite Party(s) : G.A. Guddu Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) application. He next submits that applicant is languishing in jail since 16.07.2024. 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-Guddu Kumar, be enlarged on bail in Case Crime No. 299 of 2024, under Sections 333, 74, 76, 64 of B.N.S., Police Station- Kotwali, District- Muzaffar Nagar, 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 8, 2025 Mustaqeem. BAIL No. 34685 of 2024 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad