Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30765 of 2025 Court No. - 65 (Sr. No.147 out of 259) HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 26.08.2025, but none is present on behalf of the informant.
2. Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.177 of 2024, under Sections 363, 366, 376(2)(n) IPC and Section 5(L)/6 of POCSO Act, Police Station- Bisrakh, District- Gautam Budh Nagar, 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 has stated herself to be 19 years old in her statement recorded under Section 183 BNSS and has further stated that she had married the applicant and stayed in his house for more than one year. She has stated that she was unaware of the FIR instituted by her parents. The applicant has no criminal history and is in jail since 10.06.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.
6. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Rakesh Kumar Srivastava Counsel for Opposite Party(s) : G.A.
Rahul .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
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., 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- Rahul, 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 (Ravi Kant) BAIL No. 30765 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad