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2025 DAILYLAW 1616 (ALL)

PANKAJ KUMAR @ AJAY v. STATE OF U.P. AND 3 OTHERS

BAIL/37532/2025 · 2026-04-01

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 37532 of 2025 Court No. - 65 (Sr. No.63 out of 262) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned A.G.A. has informed that the notice to the informant has been served on 25.10.2025. 2. Heard Sri Mustaqeem Ahmad, learned counsel for the applicant, Ms. Pallavi Mishra, learned counsel for High Court Legal Services Committee as well as Sri Jai Kishan Chaurasia, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.119 of 2025, under Sections 137(2), 87, 65(1) BNS and 3/4 POCSO Act, Police Station Sen Paschim Para, District Kanpur Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party as she had travelled with the applicant to several places and had not raised any alarm whatsoever during the said sojourn. 5. It is further argued by learned counsel for the applicant that the victim, by her looks, seems to be major, although she is stated to be 14 years old as per the FIR. There is no valid document to support the allegations that victim was minor. The applicant has no criminal history and is in jail since 20.7.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 6. Learned State Law Officer and learned counsel for High Court Legal Versus Counsel for Applicant(s) : Mustaqeem Ahmad Counsel for Opposite Party(s) : G.A., Pallavi Mishra Pankaj Kumar @ Ajay .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Services Committee have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 183 B.N.S.S., which indicates her consent, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Pankaj Kumar @ Ajay, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 2, 2026 Vikas Verma BAIL No. 37532 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad