HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35668 of 2024 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Sri Jyoti Bhushan, learned counsel for the informant, learned A.G.A for the State and perused the record. 2. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further argued that the applicant was granted interim bail on the submission of learned counsel for the applicant that the applicant is ready to solemnise marriage and after releasing jail, the applicant went to solemnise marriage but the informant's side refuse to marry the victim with the applicant. Thereafter, the applicant surrendered before the trial Court. Learned counsel has drawn attention of this Court to the statement of the victim recorded under Section 164 of Cr.P.C. and has stated that the victim had gone to meet the applicant at about 1:30 A.M., where the applicant had dragged her in an agricultural field and had committed rape. Learned counsel further argued that the victim is major and is a consenting party as the victim had gone to meet the applicant at about 1:30 A.M. and had the victim was not a consenting party then she would not move in the late night to meet the applicant. Versus Counsel for Applicant(s) : Ajay Kumar, Atul Pandey, Raghvendra Prakash Counsel for Opposite Party(s) : G.A., Jyoti Bhushan Vivek Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) It is thus contended that the applicant has been falsely implicated in the present case due to ulterior motive. 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 applicant is languishing in jail since 11.07.2024. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have 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. In case the applicant is released on bail he will misuse the liberty of bail. 4. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed. 5. Let applicant Vivek Yadav, involved in Case Crime No.359 of 2024 under Sections 376(2) Dha, 504 I.P.C., Police Station Jahanaganj, District Azamgarh, be released on bail on furnishing a personal bond and two local heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. BAIL No. 35668 of 2024 2 iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an 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 breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. October 9, 2025 S.Ali BAIL No. 35668 of 2024 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad