Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26041 of 2025 Court No. - 65 (Sl. No. 120 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 2.8.2025 but none is present on behalf of the informant.
2. Heard Sri Krishna Kumar Sharma, 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. 178 of 2025, under Sections 137(2), 64(1) of BNS and Sections 3/4 of POCSO Act, Police Station - Khekra, District - Baghpat, 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 of BNS prima facie indicates her consent, as she married the applicant in a temple. Her consent can also be inferred from the fact that she took Rs. 40,000/- and ornaments with her from her house. She herself has stated her age to be between 16 and 17 years, although there is no valid document on record to establish that she was a minor at the time of the 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.
6. Let the applicant- Vijay, be released on bail on furnishing a personal Versus Counsel for Applicant(s) : Krishna Kumar Sharma Counsel for Opposite Party(s) : G.A. Vijay .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
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. 26041 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad