HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31289 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Jalaj Singh, learned counsel for the applicant, Sri Ankit Shukla, Advocate, holding brief of Sri Ashish Kumar Singh, learned counsel for the first informant, Sri Uma Shankar Mishra, learned AGA for the State- respondents and perused the record. 2. 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. 136 of 2026 under Sections 64(2)(m), 331(1) BNS registered at Police Station Mauhada, District Hamirpur during pendency of the trial. 3. It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case and on perusal of the statements of the victim, who is a major and married lady, recorded under sections 180 and 183 BNSS, it appears that she is a consenting party. It is further submitted that as per allegations in the FIR, applicant is said to have committed rape on the victim and he is also said to have recorded video of the said incident and by showing the said video, he committed rape on her on several occasions. However, no video as alleged has been recovered during investigation and medico-legal report of the victim also does not support commission of rape on her. It is further submitted that chargesheet has been submitted and the applicant, who has no criminal history, has been languishing in jail since 06.5.2026. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of Versus Counsel for Applicant(s) : Jalaj Singh Counsel for Opposite Party(s) : Ashish Kumar Singh, G.A. Niyaz Ahmad .....Applicant(s) State of U.P. .....Opposite Party(s) heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. 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 has stated that applicant has committed rape on her. 5. As per the FIR, applicant is said to have committed rape on the victim who is a major and married lady. It is submitted that on perusal of the statements of the victim recorded under sections 180 and 183 BNSS and from her conduct, it appears that she is a consenting party. No video as alleged has been recovered during investigation and medico-legal report of the victim also does not support commission of rape on her. Chargesheet has been submitted and the applicant, who has no criminal history, has been languishing in jail since 06.5.2026. 6. 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. 7. Let the applicant Niyaz Ahmad 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 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 BAIL No. 31289 of 2026 2 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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. 10. 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. 11. 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 6, 2026 Madhurima BAIL No. 31289 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad