HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26119 of 2025 Court No. - 65 (Sl. No. 127 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 27.07.2025 but none is present on behalf of the informant. 2. Heard Ms. Disha Srivastava, learned counsel for the applicant and Sri Jai Kishan Chaurasia, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 356 of 2025, under Sections 137(2), 87, 64(1), 115(2) of BNS and Sections 3/4 of POCSO Act, Police Station - Gulriha, District - Gorakhpur, 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 BNSS prima facie indicates her consent as she had accompanied the applicant all the way to Mumbai and has not raised any alarm whatsoever. As per the High School certificate, the date of birth of the victim is 01.01.2008, 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 being of majority age for the purposes of the present consideration. Versus Counsel for Applicant(s) : Disha Srivastava, Subir Lal Counsel for Opposite Party(s) : G.A., Manoj Kumar Singh, Mohd. Shamim Vakeel Alias Vikram Nishad .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Furthermore, there is no medical evidence on record to corroborate the alleged 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- Vakeel Alias Vikram Nishad, 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. 26119 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad