HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28001 of 2025 Court No. - 65 (Sl. No. 123 out of 262) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As per office report dated 10.10.2025, the victim and the informant did not live at the address given in the FIR. 2. Heard Ms. Smriti Shukla, learned counsel for the applicant and Sri Jai Kishan Chaurasia, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 280 of 2024, under Sections 363, 366, 376, 323, 506, 427 of IPC and Sections 5/6 of POCSO Act, Police Station - Geeda, District - Gorakhpur, 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. He has nothing to do with the said offence as alleged in the FIR. 5. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS as she had travelled with the applicant to Panipat, Haryana and married him. Learned counsel has further stated that the victim was major and is living in the house of the applicant along with her baby. 6. Learned counsel has next contended that the applicant is languishing in jail since 04.02.2025, having no criminal history, deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the Versus Counsel for Applicant(s) : Shashi Bhushan, Smriti Shukla Counsel for Opposite Party(s) : G.A. Vishal .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) liberty of bail and shall cooperate with trial. 7. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the statement of the victim recorded u/s 183 BNSS which indicates towards her consent coupled by the fact that she along with her baby is residing at the applicant's house, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Vishal, 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. 10. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 2, 2026 Siddhant BAIL No. 28001 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad