HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27036 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. List revised. Heard Sri Anil Kumar Bind, learned counsel for the applicant and Sri Jai Krishna Chaurasiya, learned State Law Officer for the State. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 109 of 2026, under Sections 70(1) BNS, Police Station Chandpur, District Bijnor, during the pendency of the trial. 3. It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case and the applicant is not named in the FIR and co-accused Danish and Tahir have already been granted bail by a co-ordinate Bench of this Court. It is further submitted that the victim in her statement under Sections 180 and 183 BNSS has not named the applicant and his name for the first time has surfaced in the subsequent statement of the first informant recorded under Section 180 BNSS in which it is stated that the applicant extended help in commission of the alleged offence. It is further submitted that the victim is a major lady aged about 25 to 30 years and her medico-legal examination does not support the allegation of rape. It is also submitted that the applicant has been languishing in jail since 5.6.2026 and he is having no criminal history. It is lastly submitted that in case the applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. Versus Counsel for Applicant(s) : Anil Kumar Bind Counsel for Opposite Party(s) : G.A. Suhail .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Per contra, learned State Law Officer has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Applicant is not named in the FIR and as per the allegation in the FIR, co-accused Danish and Faisal and two unknown persons are said to have taken away the victim and co-accused Danish and Faisal are said to have committed gang rape on her, however, she in her statement under Section 180 BNSS has stated that she is aged about 26 years and she was in relationship with co-accused Danish for the last three months and she was called by co-accused Danish and she had left her home on her free will and co-accused Danish established physical relationship with her, however, co-accused Faisal committed rape on her on the point of country-made pistol whereas in her statement under Section 183 BNSS she has stated that co-accused Faisal committed rape on her. The name of the applicant for the first time has surfaced in the subsequent statement of the first informant recorded under Section 180 BNSS in which it is stated that the applicant extended help in commission of the alleged offence. T he victim is a major lady aged about 25 to 30 years and her medico-legal examination does not support the allegation of rape. The applicant has been languishing in jail since 5.6.2026 and he is having no criminal history. 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. Accordingly, the present application is ALLOWED. 8. Let the applicant- Suhail involved in the aforementioned crime be BAIL No. 27036 of 2026 2 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. 11. 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. 12. 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. September 14, 2026 Abhishek BAIL No. 27036 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad