HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26347 of 2025 Court No. - 65 (Sl. No. 134 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 26.07.2025 but none is present on behalf of the informant. 2. Heard Sri J.B. Singh, Advocate holding brief of Sri Sanjay Shukla, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 171 of 2024, under Sections 363, 366, 376(3) of IPC and Sections 5/6 of POCSO Act, Police Station - Sector 39 Noida, District - Gautam Buddh Nagar, during the pendency of trial. 4. Having heard the learned counsel for the parties, this Court finds that the statement of the victim recorded u/s 183 BNSS prima facie indicates her consent as she had accompanied the applicant all the way to Bengaluru and stayed there for about three months and has not raised any alarm whatsoever. There is no valid document on record to indicate that the victim was minor at the time of incident. Furthermore, there is no medical evidence on record to corroborate the alleged incident. 5. 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. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Raj Kumar Mishra, Sanjay Shukla Counsel for Opposite Party(s) : G.A., Ved Prakash Mishra Mukesh Sahani .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. Let the applicant- Mukesh Sahani, 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. 7. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 23, 2026 Siddhant BAIL No. 26347 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad