HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42917 of 2025 Court No. - 67 HON'BLE SAMEER JAIN, J. 1. Notice was issued to the informant on 04.12.2025. Despite service of notice none present on behalf of informant. 2. Heard Sri Prem Sagar Mishra, learned counsel for the applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 108 of 2025, under Sections 137(2), 351(3), 64 BNS and Section 3/4 POCSO Act and Section 3(2)(V) SC/ST Act, Police Station Lalkurti, District Meerut 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. 5. He further submits, even as per prosecution victim was around 17 years old and even from her statements recorded under Sections 180 and 183 BNSS she appears to be consenting party. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 31.07.2025 i.e. for last more than seven months. 7. Per contra, learned AGA 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. Considering the fact that victim even as per prosecution was about 17 years old and she from her both the statements recorded under Sections 180 and 183 BNSS appears to be consenting party and applicant is not having any criminal history and in the present matter he is in jail since 31.07.2025 i.e. for last more than seven months, in my view, applicant is entitled to be released on bail. Versus Counsel for Applicant(s) : Anit Kumar Pal, Prem Sagar Mishra, Satyam Sharma Counsel for Opposite Party(s) : G.A. Shahbaj Alias Shabbu .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 10. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 11. Let the applicant - Shahbaj @ Shabbu 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. 12. 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. 13. 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 said observations shall have no bearing on the merits of the case during trial. March 18, 2026 AK Pandey BAIL No. 42917 of 2025 2 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad