HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31104 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Shailesh Singh Yadav, learned counsel for the applicant, Sri Ashish Kumar Tripathi, learned AGA for the State-respondents and perused the record. 2. 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. 242 of 2026 under Sections 64(1), 332(a), 351(2) BNS, registered at Police Station Rasulabad, District Kanpur Dehat during pendency of the trial. 3. It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case and on perusal of the call details record, it appears that prior to the alleged incident, victim rang the applicant several times, however, all the calls were missed. It is next submitted that victim is a major and married lady and there appears to be material contradictions in the contents of the FIR as well as in the statements of the victim recorded under sections 180 and 183 BNSS. It is further submitted that medico-legal report of the victim does not support the allegation of rape on her as no injury has been found on her private part. It is next submitted that applicant had lodged a complaint against the husband of the victim regarding theft of electricity and it is submitted that he has been implicated in this false case. It is further submitted that applicant has criminal history of one case under section 304A IPC and he has been languishing in jail since 30.6.2026. It is also submitted that the Versus Counsel for Applicant(s) : Shailesh Singh Yadav Counsel for Opposite Party(s) : G.A. Kanhaiya .....Applicant(s) State of U.P. .....Opposite Party(s) applicant 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. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant, however, he does not dispute the aforesaid facts. 5. As per the FIR, applicant is said to have entered into the house of the first informant and committed rape on her, however, victim is a major and married lady and her medico-legal report does not support the allegation of commission of rape on her. There appears to be material contradictions in the contents of the FIR as well as in the statements of the victim recorded under sections 180 and 183 BNSS. On perusal of the call details record, it appears that prior to the alleged incident, the victim rang the applicant several times, however, all the calls were missed. Prior to lodging of the present case, applicant had lodged a complaint against the husband of the victim regarding theft of electricity and he has been implicated in this false case. Applicant has criminal history of one case under section 304A IPC and he has been languishing in jail since 30.6.2026. 6. 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. 7. Let the applicant Kanhaiya 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. BAIL No. 31104 of 2026 2 (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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. 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 18, 2026 Madhurima BAIL No. 31104 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad