HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31041 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Ashish Pandey, learned counsel for the applicant and Sri O.P. Singh, learned A.G.A. for the State. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 223 of 2026, under Sections 87, 64(2)(f), 77, 127(2), 308(2), 351(2) BNS, Police Station Quarsi, District Aligarh 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 on perusal of the statement of the victim recorded under Sections 180 and 183 BNSS and other attending facts and circumstances of the case, it appears that she is a consenting party and there are material contradictions in the statement of the victim recorded under Sections 180 and 183 BNSS as she in her statement under Section 180 BNSS has stated that the applicant recorded her video while she was taking bath and on showing the said video the applicant and his brother committed rape on her whereas in her statement under Section 183 BNSS she has stated that the applicant enticed her away and took her to Delhi and committed rape on her. It is further submitted that the victim is a major married lady and the medico-legal report of the victim does not support the commission of rape on her. It is also submitted that the applicant has been languishing in jail since 21.7.2026 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 Versus Counsel for Applicant(s) : Ashish Pandey Counsel for Opposite Party(s) : G.A. Akash .....Applicant(s) State of U.P. .....Opposite Party(s) and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. As per the allegation in the FIR which has been lodged by the husband of the victim, the applicant is said to have enticed away the victim, however, the victim has been recovered. It is submitted that on perusal of the statement of the victim recorded under Sections 180 and 183 BNSS and other attending facts and circumstances of the case, it appears that she is a consenting party. There appears to be material contradictions in the statement of the victim recorded under Sections 180 and 183 BNSS. The victim is a major married lady and the medico-legal report of the victim does not support the commission of rape on her. The applicant has been languishing in jail since 21.7.2026 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- Akash 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 BAIL No. 31041 of 2026 2 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 24, 2026 Abhishek BAIL No. 31041 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad