HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30625 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. List revised Heard Sri Ashutosh, learned counsel for the applicant and Sri B.P. Singh, learned A.G.A. for the State and Sri Javed Alam, learned counsel for the first informant. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 157 of 2026, under Sections 64(1), 333, 351(3) BNS, Police Station Azeem Nagar, District Rampur 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 FIR has been lodged after a delay of three days. 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 15.7.2026 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 and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the first informant and learned A.G.A. has vehemently opposed the prayer for bail and it is submitted that the victim in her statement recorded under Sections 180 and 183 BNSS has stated that the applicant entered the house of the victim and committed rape on her. It is further submitted by learned AGA that one witness Mohd. Riyaz has stated in his statement under Section 180 BNSS that he Versus Counsel for Applicant(s) : Ashutosh Counsel for Opposite Party(s) : G.A., Javed Alam Zeeshan .....Applicant(s) State of U.P. .....Opposite Party(s) saw the applicant entering the house of the victim and he remained inside the house for a quite long time and he left the house after scaling the wall and some noise was heard from her house. 5. In reply, learned counsel for the applicant submits that there is no mention of raising any alarm by the victim in her statement under Sections 180 and 183 BNSS. 6. FIR has been lodged after a delay of three days alleging therein that the applicant entered the house of the victim and committed rape on her, however, her medico-legal report does not support the allegation of commission of rape on her and there is no mention that any alarm was raised by the victim in her statement under Sections 180 and 183 BNSS, thus, there appears to be material contradictions in her statements. the applicant has been languishing in jail since 15.7.2026 and he is having no criminal history. 7. 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. 8. Accordingly, the present application is ALLOWED. 9. Let the applicant- Zeeshan 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 BAIL No. 30625 of 2026 2 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. 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 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 23, 2026 Abhishek BAIL No. 30625 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad