HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44045 of 2025 Court No. - 67 HON'BLE SAMEER JAIN, J. 1. Sri Vijay Bahadur Maurya, learned AGA apprised the Court that notice has been served to the informant on 09.12.2025. Despite service of notice none present on behalf of informant. 2. Heard Sri Atul Kumar Singh, learned counsel for the applicant, Ms. Sheeba Rizvi, learned counsel for High Court Legal Service and Sri Vijay Bahadur Maurya, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 0296 of 2025, under Sections 87, 137(2), 64(1) BNS and Section 3/4 POCSO Act, Police Station Banna Devi, District Aligarh during pendency of the trial. 4. Learned counsel for the applicant submits, applicant is innocent and on the basis of false allegation he has been made accused in the present matter. He further submits, as per school record the date of birth of victim was 23.06.2009 therefore even on the date of incident she was about 16 years of age. 5. He further submits, from the statements of victim it reflects, she herself had gone along with applicant and it is a case of love affair. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 15.06.2025 i.e. for last more than eight months. 7. Per contra, learned AGA as well as learned counsel for High Court Legal Versus Counsel for Applicant(s) : Atul Kumar Singh Counsel for Opposite Party(s) : G.A., Sheeba Rizvi Sachin .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Service opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, as per school record victim appears to be 16 years of age but from both the statements recorded during during investigation, it reflects, it is a case of love affair and she had gone along with applicant. In view of this Court it is not proper to withhold the bail application of the applicant only considering the fact that victim is below 18 years of age even though she is about 16 years of age. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 15.06.2025 i.e. for last more than eight months. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 13. Let the applicant - Sachin be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the BAIL No. 44045 of 2025 2 said observations shall have no bearing on the merits of the case during trial. March 18, 2026 AK Pandey BAIL No. 44045 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad