HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32357 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Abhishek Narayan, 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. 60 of 2026, under Sections 115(2), 352, 351(3), 333, 64 of B.N.S., Police Station Saujana, District Lalitpur. 3. Counsel for the applicant submitted that the FIR itself was lodged through the process under Section 173(4) BNSS after more than one month. It is further submitted that in the FIR as well as in the statements of the victim recorded under Section 180 and 183 BNSS, it is clear that initially the victim was a consenting party, but subsequently it is alleged that the applicant forcibly committed rape upon the victim. However, the police report submitted under Section 173(4) BNSS shows that initially a missing report was lodged on 15.12.2025 by the husband of the victim while both were living in Mathura, wherein it is also mentioned that the police recovered the victim, who herself left the house along with the present applicant and thereafter both of them returned to their village, and just to falsely implicate the applicant, the present FIR has been lodged. It is further submitted that there is no medical report showing any mark of injury or any sexual assault as the victim herself refused to undergo medical examination. It is further submitted that the victim is a married lady and the FIR has been lodged at the instance of her husband and the statement of the victim has also been Versus Counsel for Applicant(s) : Abhishek Narayan, Chandrakant Kumar Singh Counsel for Opposite Party(s) : G.A. Kishori .....Applicant(s) State of U.P. .....Opposite Party(s) recorded under the influence of her husband. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has 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 12.06.2026. 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. for the State 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 police report regarding earlier missing report dated 15.12.2025 lodged by the husband of the victim; also taking int account the contradiction in the statements of the victim recorded under Section 180 and 183 BNSS, coupled with the fact that the victim herself refused to undergo medical examination 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- Kishori 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. BAIL No. 32357 of 2026 2 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. 32357 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad