ANSHULversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 12675 of 2026

Anshul
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)      : Aniket Kumar, Keshari Nath Tripathi
Counsel for Opposite Party(s) : G.A.

Court No. - 72
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard learned counsel for the applicant, 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.56 of 2025, under Sections 62 of the
B.N.S., Police Station- Nanauta, District- Saharanpur, during the
pendency of the trial.

3. Learned counsel for the applicant contends that the applicant has been
falsely implicated in the present case. The allegations of rape have been
levelled against the co-accused, Kapil alias Sachin and no allegation of
any sexual assault has been made against the applicant. The victim, in her
statement recorded under Section 183 BNSS, has stated that she was
beaten up by the co-accused Kapil and her cloths were also torn, however,
no recovery of the torn clothing has been made by the Investigating
Officer. The co-accused Kapil, who is said to be the primary accused of
the present case, has been granted bail by this Court in Criminal Bail
Application No.35155 of 2025. The applicant has a criminal history of
four cases, which have been duly explained. The applicant is on bail in all
the four cases. Lastly, the learned counsel has contended that as per the
ossification test report, the victim has been found to be about eighteen
years of age.

4. Learned A.G.A. has opposed the prayer for bail, however, could not
dispute the fact that similarly situated co-accused Kapil has been granted
bail by this Court.
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5. I have considered the submissions made by the learned counsel for the
parties.

6. The victim, in her statement recorded under Section 183 BNSS, has not
levelled any allegation of rape against the applicant. In the said statement,
the victim has not made any allegation of sexual assault against the co-
accused Kapil also. Only allegations of tearing her clothes have been
made, but, the memo of recovery of the torn clothes has not been prepared
by the Investigating Officer.

7. Taking into account the entire facts and circumstances of the case and
also the fact that the similarly situated co-accused has been granted bail
by this Court, a prima facie case for bail is made out.

8. The bail application is allowed.

9. Let the applicant - Anshul, involved in the aforementioned crime be
released on bail, on his furnishing a personal bond and two reliable
sureties each in the like amount, to the satisfaction of the Court
concerned, subject to the following conditions:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the
trial Court, unless his personal appearance is exempted by the Court
concerned.

10. In the event of breach of any of the aforesaid conditions, the trial
Court will be at liberty to proceed to cancel his/her bail.

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
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                                    ensure early release of the applicant.

                                    13. The observations made hereinabove are exclusively for deciding the
                                    instant bail application and shall not be construed as an opinion on the
                                    merits of the case.



                                                                                  (Rajiv Lochan Shukla,J.)
                                    May 18, 2026
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad