HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31594 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Amit Rai, learned counsel for the applicant, Sri J.P. Singh, 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. 506 of 2026 under Sections 70(1), 3(5), 351(2) BNS registered at Police Station Kotwali City, 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 and there is no allegation of rape in the FIR as well as in the statements of the victim recorded under sections 180 and 183 BNSS. It is further submitted that victim is major aged about 24 years and on perusal of her statements recorded under sections 180 and 183 BNSS, it appears that she was in consensual relationship with co-accused Anshu. It is next 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 further submitted that applicant has no criminal history and he has been languishing in jail since 01.8.2026. 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, however, he does not dispute the aforesaid facts. 5. As per the FIR, co-accused Anshu is said to have taken the victim to a room in the college canteen in a broad day light and committed rape on her and the applicant is said to have stood guard outside the said room. Similar statement has been made by the victim in her statements under sections 180 and 183 BNSS, however, she has further stated that she was in consensual relationship with co-accused Anshu for the last three years and their marriage was also fixed. The victim is a major lady aged Versus Counsel for Applicant(s) : Amit Rai Counsel for Opposite Party(s) : G.A. Punit .....Applicant(s) State of U.P. .....Opposite Party(s) about 24 years and her medico-legal report does not support the allegation of rape on her as no injury has been found on her private part. Applicant has no criminal history and he has been languishing in jail since 01.8.2026. 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 Punit involved in the aforesaid case crime be released on bail on his furnishing a personal bond 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. (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 23, 2026 Madhurima BAIL No. 31594 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad