HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31556 of 2025 Court No. - 65 (Sr. No.166 out of 259) 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 18.9.2025. 2. Heard Sri Vivek Shukla, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.48 of 2025, under Sections 137(2), 61(2), 87, 64(1) BNS and 5L/6 POCSO Act, Police Station Kandawa, District Chandauli, 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 gone with the applicant all the way from Chandauli to Varanasi on her own, and thereupon, called the applicant on phone, who reached there and had taken her to Jaunpur, and thereupon, to Sultanpur and they both married with each other in a temple. After marrying each other, they are stated to have left for Nagpur. The victim, by her looks, seems to be major, although she is stated to be 16 years old as per her own statement. The applicant has no criminal history and is in jail since 12.6.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application but could Versus Counsel for Applicant(s) : Narendra Deo Shukla, Vivek Shukla Counsel for Opposite Party(s) : G.A. Ashish Tiwari .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) not dispute the submissions made by the counsel for the applicant. 6. 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. 7. Let the applicant- Ashish Tiwari, 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. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 23, 2026 Vikas Verma BAIL No. 31556 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad