HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31016 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Rajeev Sawhney, 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. 209 of 2026 under Sections 64(1), 351(3) BNS registered at Police Station Kiratpur, District Bijnor 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. It is further submitted that applicant had advanced loan of Rs.2,10,000/- to the first informant on 29.4.2026 and in order to evade the payment, he has lodged the present case against the applicant. It is further submitted that as per the FIR, applicant is said to have committed rape on the victim on 15.2.2026 and the FIR was lodged on 05.7.2026. It is further submitted that victim is a major and married lady and there is material contradiction in the date of the incident mentioned in the FIR and in the statement of the victim. It is further submitted that the victim has been found pregnant as per the FIR itself and since she was married on 30.4.2026, her pregnancy is quite possible. It is further submitted that some of the co-villagers have given affidavit before Superintendent of Police concerned to the effect that applicant has given loan of Rs.2,10,000/- to the first informant. It is Versus Counsel for Applicant(s) : Rajeev Sawhney Counsel for Opposite Party(s) : G.A. Samar Singh .....Applicant(s) State of U.P. .....Opposite Party(s) further submitted that applicant has no criminal history and he has been languishing in jail since 20.7.2026. It is also submitted that the 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. 5. As per the FIR which has been lodged on 05.7.2026 alleging therein that applicant who is uncle of the victim, committed rape on her on 15.2.2026. The victim is a major and married lady aged about 22 years. She has stated in her statement under section 180 BNSS that applicant committed rape on her on 24.3.2026 and similar statement has been made by her in statement under section 183 BNSS. Thus, there is material contradiction regarding the date of the incident mentioned in the FIR as well as in the statements of the victim. The victim has been found pregnant as per the FIR itself and since she was married on 30.4.2026, her pregnancy is quite possible. Applicant is said to have given a loan of Rs.2,10,000/- to the first informant and it is submitted that in order to evade the payment, the present case has been lodged. Applicant has no criminal history and he has been languishing in jail since 20.7.2026. 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 Samar Singh 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. BAIL No. 31016 of 2026 2 (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (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 24, 2026 Madhurima BAIL No. 31016 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad