HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12675 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.56 of 2025, under Sections 62 of the B.N.S., Police Station- Nanauta, District- Saharanpur, during the pendency of the trial. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. The allegations of rape have been levelled against the co-accused, Kapil alias Sachin and no allegation of any sexual assault has been made against the applicant. The victim, in her statement recorded under Section 183 BNSS, has stated that she was beaten up by the co-accused Kapil and her cloths were also torn, however, no recovery of the torn clothing has been made by the Investigating Officer. The co-accused Kapil, who is said to be the primary accused of the present case, has been granted bail by this Court in Criminal Bail Application No.35155 of 2025. The applicant has a criminal history of four cases, which have been duly explained. The applicant is on bail in all the four cases. Lastly, the learned counsel has contended that as per the ossification test report, the victim has been found to be about eighteen years of age. 4. Learned A.G.A. has opposed the prayer for bail, however, could not dispute the fact that similarly situated co-accused Kapil has been granted bail by this Court. Versus Counsel for Applicant(s) : Aniket Kumar, Keshari Nath Tripathi Counsel for Opposite Party(s) : G.A. Anshul .....Applicant(s) State of U.P. .....Opposite Party(s) 5. I have considered the submissions made by the learned counsel for the parties. 6. The victim, in her statement recorded under Section 183 BNSS, has not levelled any allegation of rape against the applicant. In the said statement, the victim has not made any allegation of sexual assault against the co- accused Kapil also. Only allegations of tearing her clothes have been made, but, the memo of recovery of the torn clothes has not been prepared by the Investigating Officer. 7. Taking into account the entire facts and circumstances of the case and also the fact that the similarly situated co-accused has been granted bail by this Court, a prima facie case for bail is made out. 8. The bail application is allowed. 9. Let the applicant - Anshul, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two reliable sureties each in the like amount, to the satisfaction of the Court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial Court, unless his personal appearance is exempted by the Court concerned. 10. In the event of breach of any of the aforesaid conditions, the trial Court will be at liberty to proceed to cancel his/her bail. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to BAIL No. 12675 of 2026 2 ensure early release of the applicant. 13. The observations made hereinabove are exclusively for deciding the instant bail application and shall not be construed as an opinion on the merits of the case. May 18, 2026 Kushal BAIL No. 12675 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad