HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31128 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Shiv Shanker Mishra, counsel for the applicant, Sri D.P.S. Chauhan, 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 during trial in Case Crime No. 210 of 2026, under Sections 74, 115(2), 352, 351(3), 333, 64(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, Police Station Chandausi, District Sambhal. 3. Counsel for the applicant submitted that though in the FIR allegation of entering the house of the victim and outraging her modesty has been made, however, the victim in her statement recorded under Section 180 and 183 changed the version and also made allegation of rape prior to the date of incident by the applicant on 26.06.2025 and by co-accused on 25.06.2026. It is further submitted that the medical examination report does not show any mark of injury or any sign of sexual assault. The correct fact is that on a petty issue, a scuffle took place between the applicant and co-accused with the father of the victim and the victim by making exaggerating in her statement recorded under Section 180 and 183 BNSS introduced allegation of rape. The above fact creates doubt over the prosecution story. It is further submitted that co-accused Gopal @ Munna @ Nanhe has already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No. 28999 of 2026 vide order dated 25.08.2026. Therefore, the applicant is also entitled to be released on bail on the ground of parity It is further submitted that the applicant has explained the criminal history of five cases. It is further submitted that charge sheet has Versus Counsel for Applicant(s) : Kuldeep Tripathi, Shiv Shanker Mishra Counsel for Opposite Party(s) : G.A. Deepak .....Applicant(s) State of U.P. .....Opposite Party(s) been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 09.07.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties; taking into account the allegation of FIR as well as statement of the victim recorded under Section 180 and 183 BNSS; also taking into account the medical examination report of the victim coupled with the fact that co-accused Gopal @ Munna @ Nanhe has already been released on bail by a co-ordinate bench of this Court and keeping in view the nature of offence, evidence, complicity of accused 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. Accordingly, the bail application is allowed. 6. Let the applicant- Deepak 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 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. v. The applicant shall mark his presence at the concerned police station on BAIL No. 31128 of 2026 2 first day of every month between 11:00 A.M. to 12:00 noon. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. 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. 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 on e-prison portal and Trial Court via e-mode 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 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. September 11, 2026 CS/- BAIL No. 31128 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad