HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33583 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been filed with a prayer to release the applicant on bail in Case Crime No.149 of 2025, under Section 64, 351(3) BNS, Police Station Sikandarpur, District- Ballia. 3. As per the prosecution story, the applicant clicked an obscene video of the victim and thereafter started blackmailing her. When the applicant showed the obscene video to her husband, he started beating her. Thereafter, the victim started living separately after taking a room on rent. Taking advantage of the loneliness of the victim, the applicant came to her room and started blackmailing her to establish physical relations with him. When the victim refused, the applicant allegedly forcibly committed rape upon her. 4. Learned counsel for the applicant submits that the alleged incident is dated 30.03.2025, whereas the application u/s 175(3) BNSS to register the FIR was filed on 18.04.2025 and then FIR was registered on 22.05.2025. Therefore, there was considerable delay in lodging the FIR without any proper explanation. It is further submitted that the medical examination report of the victim does not disclose any mark of injury or sign of sexual assault. 5. Learned counsel further submits that the applicant has been falsely implicated, mainly on account of a property dispute with the family of the victim. The victim is aged about 35 years and has two children. It is lastly Versus Counsel for Applicant(s) : Ajay Dubey, Bhaiya Ghanshyam Singh, Kameshwar Singh, Sudhanshu Kumar Singh Counsel for Opposite Party(s) : G.A. Saurabh Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 23.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 6. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 7. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and also keeping in view the fact that ther is contradictions in the statements of the victim recorded under Sections 180 and 183 of the BNSS and also 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 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. Accordingly, the bail application is allowed. 8. Let the applicant- Saurabh Yadav 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. BAIL No. 33583 of 2025 2 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 11. It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is 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. 13. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode 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 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. September 24, 2026 Sushma BAIL No. 33583 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SUSHAMA YADAV High Court of Judicature at Allahabad