HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42345 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Rajesh Kumar Singh, learned counsel for the applicant, Nilesh Kumar Dubey, learned counsel for the first informant, Ms. Kiran Rani, learned counsel for the High Court Legal Services Committee and Shri B.P. Singh, 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 in Case Crime No. 554 of 2025, under Sections 64, 352, 351(2), 351(3) of B.N.S. and Section 3/4 of POCSO Act and Section 67 of I.T. Act and Sections 3/5(3) of U.P. Prohibition of Unlawful Conversion of Religion Act, Police Station Chauri Chaura, District Gorakhpur, during the pendency of the trial. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case though there is no incriminating material against him. It is further submitted that the first information report has been lodged after delay of three years and the incident is said to have taken place on 14.11.2022. It is further submitted that on perusal of the statement of the victim recorded under Sections 180 and 183 BNSS and from her conduct, it appears that she was in consensual relationship with the applicant and no video or photo as alleged has been found during investigation. It is further submitted that the victim is a major lady and she has refused to undergo medico legal examination. It is Versus Counsel for Applicant(s) : Arjit Srivastava, Rajesh Kumar Singh, Usha Srivastava, Vinod Kumar Srivastava Counsel for Opposite Party(s) : G.A., Kiran Rani, Nilesh Kumar Dubey, Shashi Shekhar Maurya Rehan @ Azad Ansari .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 07.11.2025, in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. 4. Per contra, learned counsel for the first informant, learned counsel for the High Court Legal Services Committee and learned A.G.A. have vehemently opposed the prayer for bail and it has been submitted by them that as per FSL report, the lock of the mobile phone recovered from the applicant could not be opened as it was face lock. It is further submitted by them that the victim in her statement recorded under Sections 180 and 183 BNSS has stated that the applicant committed rape on the victim and recorded video of the said incident and made it viral and he is also exerted pressure on the victim to get her religion converted from Hinduism to Islam for the purpose of marriage. 5. As per first information report, the applicant is said to have committed rape on her in the year 2022 and is also said to have recorded a video of the said incident and made it viral. It is further submitted that the first information report has been lodged after delay of three years and on perusal of the statement of the victim recorded under Sections 180 and 183 BNSS and from her conduct, it appears that she was in consensual relationship with the applicant and no video or photo as alleged has been found during investigation. It is further submitted that the victim is a major lady and she has refused to undergo medico legal examination. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 07.11.2025. 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 BAIL No. 42345 of 2025 2 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- Rehan @ Azad Ansari 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. 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 Jail Superintendent, Gorakhpur via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy BAIL No. 42345 of 2025 3 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 18, 2026 RKM BAIL No. 42345 of 2025 4 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad