HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33068 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Ms. Pratibha Jaiswal, learned counsel for the applicant, Shri Rajesh Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Deep Soni, seeking enlargement on bail in Case Crime No. 210 of 2025, under Sections 64 (2) (m), 123, 351 (3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Katra, District Mirzapur during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 19.7.2025. Learned counsel for the applicant submits that FIR has been lodged with an inordinate delay of 47 days without any plausible explanation. Learned counsel for the applicant submits that in the FIR, date of incident has been recorded by the prosecutrix to be of 28.5.2025 whereas in the statement recorded under Section 181 BNSS, the date of incident was recorded by the prosecutrix to be of 29.5.2025. In the FIR as well as in the statement under Section 181 BNSS, the prosecutrix said that applicant had established physical relationship with her in the Hotel Arshika without her wish. However, in the statement recorded under Section 183 BNSS, prosecutrix said that in the year 2022, applicant had established physical relationship with her in her house. Thus, there is major material Versus Counsel for Applicant(s) : Arun Kumar Srivastava, Bajrang Lal Srivastava, Pratibha Jaiswal, Shashank Srivastava Counsel for Opposite Party(s) : G.A. Deep Soni .....Applicant(s) State of U.P. .....Opposite Party(s) contradiction in the statements of prosecutrix. At every stage, she comes with different version. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above 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, Deep Soni, 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. September 24, 2025 Ravi Prakash BAIL No. 33068 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad