HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28305 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. List revised. 2. Heard Sri Amir Khan, learned counsel for the applicant, Sri Rahul Gaur, Advocate, holding brief of Ms. Haya Rizvi, learned counsel for the first informant, Sri Jai Kishan Chaurasiya, State Law Officer 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. 426 of 2026 under Sections 64(1), 351(3) BNS registered at Police Station Kotwali Dehat, District Bulandshahar during pendency of the trial. 4. It has been argued by learned counsel for the applicant that applicant is younger brother-in-law of the victim who has been falsely implicated in the present case and the FIR has been lodged after delay of three days by the brother of the victim. It is further submitted that some independent witnesses have stated before the Investigating Officer that when they reached the house of the applicant in the morning of 08.6.2026, they came to know that some quarrel had taken place between the applicant and the victim in the last night and the family members of the applicant were scolding him and the victim was weeping in a separate room. It is further submitted that medico-legal report of the victim does not support the allegation of commission of rape on her. It is further submitted that applicant, who has no criminal history, has been languishing in jail since Versus Counsel for Applicant(s) : Amir Khan Counsel for Opposite Party(s) : Ahamad Farhan, G.A., Haya Rizvi Sharukh .....Applicant(s) State of U.P. .....Opposite Party(s) 24.6.2026 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 recorded under sections 180 and 183 BNSS has categorically stated that applicant committed rape on her and there is no reason for false implication of the applicant. 6. FIR has been lodged after delay of three days by the brother of the victim alleging therein that applicant committed rape on the victim who is his sister-in-law. Some independent witnesses have stated before the Investigating Officer that when they heard some commotion in the house of the applicant in the morning of 08.6.2026, they came to know that some quarrel had taken place between the applicant and the victim in the last night and the family members of the applicant were scolding him and the victim was weeping in a separate room. However, medico-legal report of the victim does not support the allegation of commission of rape on her. Applicant, who has no criminal history, has been languishing in jail since 24.6.2026. 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 Shahrukh 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 BAIL No. 28305 of 2026 2 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. 28305 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad