HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41931 of 2025 Court No. - 67 HON'BLE SAMEER JAIN, J. 1. Case called out in revised list. None present on behalf of informant. 2. Heard Sri Mukesh Kumar Pandey, learned counsel for the applicant, Ms. Akashi Agrawal, learned counsel for High Court Legal Service and Sri Rajni Kant Rai, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 414 of 2025, under Sections 137(2), 87, 64(1), 123 BNS and Section 3/4 POCSO Act, Police Station Bidhuna, District Auraiya 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, victim is not a literate girl and as per ossification test report she was about 17 years and she however in her statement recorded under Section 180 BNSS stated that she herself had gone along with applicant but when subsequently her statement under Section 183 BNSS was recorded then she did not disclose the name of applicant. 6. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 14.09.2025. 7. Per contra, learned AGA as well as learned counsel for High Court Legal 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. Victim of the case does not appear to be literate girl and as per ossification test report she was about 17 years old. Further, however victim in her statement recorded under Section 180 BNSS stated that applicant is her cousin brother and she herself had Versus Counsel for Applicant(s) : Deepankar Shukla, Mukesh Kumar Pandey Counsel for Opposite Party(s) : Akashi Agrawal, G.A., Saurabh Pathak Rajan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) gone along with applicant but subsequently when her statement under Section 183 BNSS was recorded then she did not disclose the name of applicant, therefore, considering the statements of victim it is not proper to withhold the bail application of applicant. 10. 10. Further, applicant is not having any criminal history and in the present matter he is in jail since 14.09.2025. 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 -Rajan 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 said observations shall have no bearing on the merits of the case during trial. March 18, 2026 AK Pandey BAIL No. 41931 of 2025 2 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad