HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32368 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. List revised. 2. Heard Sri Vikrant Gupta, learned counsel for the applicant, Ms. Nancy Srivastava, Advocate, holding brief of Sri Narendra Nath Tripathi, learned counsel for the first informant, Sri Radhey Shyam, learned AGA for the State-respondents and perused the record. 3. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 45 of 2026 under Sections 333, 70(1), 308(2) BNS and 67 I.T. Act, registered at Police Station Kaimari, District Rampur during pendency of the trial. 4. It is contended by learned counsel for the applicant that FIR has been lodged after delay of two months and there are material contradictions in the statement of the victim recorded under Sections 180 and 183 BNSS. It is further submitted that victim is a major and married lady and her medico- legal report does not support commission of rape on her. It is next submitted that no photo or video as alleged has been recovered during investigation and one selfie of the applicant and the victim is said to have been recovered. It is further submitted that co-accused Mohd. Rausib and Yunus have been granted bail by Co-ordinate Bench as well as by this Court respectively. It is also submitted that applicant, who has no criminal history, has been languishing in jail since 29.4.2026. It is lastly submitted that in case applicant is granted bail, he will not misuse the liberty of bail and would Versus Counsel for Applicant(s) : Vikrant Gupta Counsel for Opposite Party(s) : G.A., Narendra Nath Tripathi Ayan .....Applicant(s) State of U.P. .....Opposite Party(s) cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. as well as learned counsel for the first informant opposed the prayer for grant of bail to the applicant and submit that the victim in her statement recorded under sections 180 and 183 BNSS has categorically stated that applicant committed rape on her and co-accused Yunus and Mohd. Rausib recorded video of the said incident. 6. As per the FIR which has been lodged after delay of two months, applicant along with co-accused Yunus and Mohd. Rausib is said to have committed gang rape on the victim who is a major and married lady. The victim in her statement recorded under sections 180 and 183 BNSS has categorically stated that applicant committed rape on her and co-accused Yunus and Mohd. Rausib recorded video of the said incident, however, no such photo or video as alleged has been recovered during investigation and one selfie of the applicant and the victim is said to have been recovered. M edico-legal report of the victim does not support commission of rape on her and co-accused Mohd. Rausib and Yunus have been granted bail by Co- ordinate Bench as well as by this Court respectively. Applicant, who has no criminal history, has been languishing in jail since 29.4.2026. 7. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Let the applicant Ayan involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- (i) The applicant shall not directly or indirectly make any inducement, threat BAIL No. 32368 of 2026 2 or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (ii) The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond executed by him. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. October 5, 2026 Madhurima BAIL No. 32368 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad