Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31656 of 2025 Court No. - 65 HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shyam Sunder Mishra, learned counsel for the applicant, Sri Arjun Singh Yadav, learned counsel for the informant as well as Sri Jai Kishan Chaurasia, learned State Law Officer for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.63 of 2025, under Sections 87, 137(2), 65(1), 351(2) BNS, 3/4 POCSO Act and 3/5 of UP Prohibition of Unlawful Religious Conversion Act, Police Station Chandpur, District Fatehpur, 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 in her statement recorded U/s 183 BNSS has not whispered a single word against the applicant, as such, it is a clear cut case of false implication. The victim by her looks seems to be major, although she is stated to be 16 years old as per the ossification test report. The applicant has no criminal history and is in jail since 15.5.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application but the submissions raised by the
learned counsel for the applicant could not be disputed. Versus Counsel for Applicant(s) : Prabhakar Singh, Shyam Sunder Mishra Counsel for Opposite Party(s) : Arjun Singh Yadav, G.A. Salman Khan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
6. The Supreme Court in Jaya Mala vs. State of J & K, (1982) 2 SCC 538 and Mohd. Imran Khan vs. State (Govt. of NCT of Delhi), (2011) 10 SCC 192 has opined that the radiologist cannot predict the correct date of birth rather there is a long margin of 1 to 2 years on either side.
7. 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 victim recorded U/s 183 BNSS, whereby she has not levelled any allegation against the applicant, 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.
8. Let the applicant- Salman Khan, 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.
9. 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. 31656 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad