HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30842 of 2025 Court No. - 65 (Sr. No.187 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 26.08.2025, but none is present on behalf of the informant. 2. Heard Sri Gyan Prakash Mishra, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Session Trial No.216 of 2025, Case Crime No.344 of 2024, under Sections 137(2), 87, 64 of BNS and Sections 3/4 of POCSO Act, 2012, Police Station- Bithoor, District- Kanpur Nagar, 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 she had gone with the applicant all the way from Kanpur to Prayagraj and married him. There is no valid documentary evidence to prove that the victim was minor. The criminal history of one case assigned to the applicant stands explained. He is in jail since 19.12.2024 and undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned State Law Officer has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Gyan Prakash Mishra Counsel for Opposite Party(s) : G.A. Amit Rajpoot .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, (2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 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 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. 8. Let the applicant- Amit Rajpoot, 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 (Ravi Kant) BAIL No. 30842 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad