HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31601 of 2025 Court No. - 65 (Sr. No.167 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 2.9.2025. 2. Heard Sri Karunesh Pratap Singh, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. Learned counsel for the informant is not present. 3. Applicant seeks bail in Case Crime No.227 of 2025, under Sections 137(2), 65(1), 352 BNS and 5L/6 POCSO Act, Police Station Gorakhnath, District Gorakhpur, 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., whereby she had gone with the applicant to his house on her own. The victim, by her looks, seems to be major, although she is stated to be 17 years old as per the birth certificate. The said document is fudged. The applicant has no criminal history and is in jail since 19.7.2025. 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 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) : Amit Kumar Yadav, Awadhesh Kumar, Karunesh Pratap Singh Counsel for Opposite Party(s) : G.A., Manoj Kumar Gupta Shivam Rajbhar .....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., 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- Shivam Rajbhar, 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. 31601 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad