HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34046 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Sunil Kumar Dubey, learned counsel for the applicant, Sri Ram Kumar Verma, 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. 181 of 2026, Under Sections- 74, 76, 351(3), 115(2), 62, 64(2)(च) B.N.S., Police Station-Babrala, District-Sambhal, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that applicant is the brother-in-law (dewar) of the victim and the FIR was lodged by the victim with an allegation that the applicant and his father after disrobing her, tried to commit rape and when her husband came on the spot, only then they left her. 4. Learned counsel for the applicant has submitted that in the statements recorded u/s 180 BNSS and 183 BNSS, the victim admitted this fact that it was simply a scuffling and no rape was committed and even the husband of the victim, who was FIR witness also admits this fact that over a property dispute, the applicant at the instigation of his father, scuffled with the victim and disrobed her during scuffling and there was no allegation of committing rape and medical examination also shows that it was a simply a case of scuffling. It is further submitted that there is property dispute between the applicant and the husband of the victim, over that reason a quarrel took place but the victim girl while exaggerating the allegation lodged the present FIR. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of Versus Counsel for Applicant(s) : Sunil Kumar Dubey Counsel for Opposite Party(s) : G.A. Vishal .....Applicant(s) State of U.P. .....Opposite Party(s) custodial interrogation. The applicant is languishing in jail since 01.09.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 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. Accordingly, the present application is allowed. 7. Let the applicant- Vishal, 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. BAIL No. 34046 of 2026 2 10. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded 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 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. 13. Office is directed to send a copy of this order to the applicant through Moradabad 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 23, 2026 S.C. BAIL No. 34046 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad