HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22556 of 2025 Court No. - 65 (Sr. No.115 out of 277) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Akash Dwivedi, learned counsel for the applicant, Sri Satyendra Singh, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.60 of 2025, under Sections 137(2), 64(2)(i) BNS and 3/4 POCSO Act, Police Station Kavinagar, District Ghaziabad, 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 is but evident from her statement recorded under Section 183 B.N.S.S. Her consent can also be drawn from the fact that she has stated that she had taken certain money from the house alongwith her. 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 16 years old as per the FIR. The applicant has no criminal history and is in jail since 19.1.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 6. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Akash Dwivedi, Jitendra Kumar Counsel for Opposite Party(s) : G.A., Satyendra Singh Rohit Garg .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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- Rohit Garg, 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 20, 2026 Vikas Verma BAIL No. 22556 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad