HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23459 of 2025 Court No. - 65 (Sl. No. 102 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 31.05.2025 but none is present on behalf of the informant. 2. Heard Sri Sunil Vashisth, Advocate holding brief of Sri Sunil Kumar Tiwari, learned counsel for the applicant and as well as Sri Jai Kishan Chaurasia, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 158 of 2025, under Sections 64(2)(m), 308(2), 351(3) of BNS and Sections 5/6 of POCSO Act, Police Station - Gorakhnath, District - Gorakhpur, during the pendency of trial. 4. Having heard the learned counsel for the parties, this Court finds that it is true that the victim was found pregnant, but the said foetus has been aborted at the behest of the informant. The victim appears to have been a consenting party, as she did not reveal the matter of her relationship with the applicant until she became pregnant. As per the High School certificate, the date of birth of the victim is 03.07.2007, and thus, she is marginally below the age of majority. However, in light of the judgment of the Supreme Court in Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673, wherein it has been observed that, in Indian society, the age of wards is often recorded as lower than their actual age, she may be treated as Versus Counsel for Applicant(s) : Sunil Kumar Tiwari, Vikash Kumar Tiwari Counsel for Opposite Party(s) : Anup Dhar Dubey, G.A. Eklak .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) being of majority age for the purposes of the present consideration. 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- Eklak, 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. 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. 23459 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad