HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30666 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Vinay Kumar Tripathi, learned counsel for the applicant, Shri Prasoon Kumar, learned counsel for the first informant and Shri Ashish Kumar Tripathi, 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. 249 of 2026, under Sections 64(1) of B.N.S., Police Station Farah, District Mathura, during the pendency of the trial. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case though there is no incriminating material against him. It is further submitted that there are material contradictions in the statement of the victim recorded under Sections 180 and 183 BNSS as the victim in her statement recorded under Section 180 BNSS has stated that the applicant and her husband were sleeping on the terrace and she was sleeping on the ground floor, whereas, the victim in her statement recorded under Section 183 BNSS has stated that she along with her husband were sleeping on the terrace and the applicant was sleeping on the ground floor and the husband of the victim in his statement recorded under Section 180 BNSS has stated that he along with victim was sleeping on the terrace and the applicant was sleeping on the ground floor and he asked the victim to bring water from the ground floor and she went to the water when the alleged incident took Versus Counsel for Applicant(s) : Vinay Kumar Tripathi Counsel for Opposite Party(s) : G.A., Prasoon Kumar Vishnu Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) place. It is further submitted that the present case is the case of consensual relationship between the applicant and the victim and the victim is the sister- in-law of the applicant and she is aged about 35 years and the applicant is aged about 24 years and no external injury has been found on the body of the victim and no alarm was raised by her when the alleged incident took place. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 30.06.2026, in case, he 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. have vehemently opposed the prayer for bail and it has been submitted by them that the victim in her statement recorded under Sections 180 and 183 BNSS has stated that the applicant committed rape on her and the clothes of the victim and the applicant have been sent for FSL examination. 5. In reply, learned counsel for the applicant submits that the present case is the case of consensual relationship between the applicant and the victim and no alarm was raised by the victim and no resistance was offered by her and no injury has been found on her external parts of the body. 6. As per first information report, the applicant is said to have committed rape on the victim aged about 35 years and she is a major married lady having children. It is further submitted that the applicant is said to be the younger brother-in-law of the victim and this is a case of consensual relationship between the applicant and the victim and no alarm was raised by the victim and no resistance was offered by her and no injury has been found on her external parts of the body. It is further submitted that there are material contradictions in the statement of the victim recorded under Sections 180 and 183 BNSS as the victim in her statement recorded under Section 180 BNSS has stated that the applicant and her husband were sleeping on the terrace and she was sleeping on the ground floor, whereas, the victim in her statement recorded under Section 183 BNSS has stated that she along with her husband were sleeping on the terrace and the applicant was sleeping on the ground floor and the husband of the victim in his statement recorded under Section 180 BNSS has stated that he along with victim was sleeping on the terrace and the applicant was BAIL No. 30666 of 2026 2 sleeping on the ground floor and he asked the victim to bring water from the ground floor and she went to bring water when the alleged incident took place. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 30.06.2026. 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- Vishnu Kumar 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. 10. In case of breach of any of the above conditions, it shall be a ground BAIL No. 30666 of 2026 3 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 Jail Superintendent, Mathura 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 RKM BAIL No. 30666 of 2026 4 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad