HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28354 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. List revised. 2. Heard Sri Mohd. Zakir, learned counsel for the applicant, Sri Shahrukh Khan, learned counsel for the first informant, Sri Uma Shankar Mishra, 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. 277 of 2026 under Sections 70(1), 331(4), 351(3) BNS registered at Police Station Jahangirabad, District Bulandshahar during pendency of the trial. 4. It has been argued by learned counsel for the applicant that FIR has been lodged after delay of four days and the victim is a major lady. It is further submitted that medico-legal report of the victim does not support the allegation of commission of rape on her and, in fact, she was in consensual relationship with the applicant and when she was caught with the applicant by her in-laws, the present case was lodged against him. It is further submitted that co-accused Suraj has been granted bail by a Co-ordinate Bench of this Court vide order dated 02.9.2026 passed in Crl. Misc. Bail Application No. 26599 of 2026. It is further submitted that applicant, who has no criminal history, has been languishing in jail since 08.6.2026 and he undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 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 victim in her statements under sections 180 and 183 BNSS has categorically stated that applicant and co-accused Suraj committed gang rape on her. 6. As per the FIR, applicant is said to have established physical relationship with the Versus Counsel for Applicant(s) : Mohammad Zakir Counsel for Opposite Party(s) : G.A., Shahrukh Khan Anil Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) victim four years ago and recorded some objectionable photographs and videos and on the basis of the said photos and videos, he continued to commit rape on her. However, no such video or photograph as alleged has been recovered during investigation. FIR has been lodged after delay of four days and the medico-legal report of the victim, who is a major lady, does not support the allegation of commission of rape on her. Co- accused Suraj has been granted bail by a Co-ordinate Bench of this Court and the a pplicant, who has no criminal history, has been languishing in jail since 08.6.2026. 7. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 8. Let the applicant Anil Kumar involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with 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 not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. September 9, 2026 Madhurima BAIL No. 28354 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad