HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23158 of 2025 Court No. - 65 (Sr. No.102 out of 243) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed today is taken on record. Learned A.G.A. has informed that the notice to the informant has been served on 26.06.2025, but none is present on behalf of the informant. 2. Heard Sri Sandeep Kumar Yadav, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.225 of 2024, under Sections 363, 376, (2)N IPC and 5/6 POCSO Act, Police Station Gulhariha, 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 she had gone to the house of the applicant, stayed with him, and expressed her willingness to stay with the applicant only, as she loved him. As per the mark sheet of Class-VIII, the date of birth of the victim was 03.03.2008; as such, she was marginally more than 16 years old, but by her physical appearance, she appears to be major. There is no valid document to suggest that she was minor. The applicant has no criminal history and is in jail since 24.03.2024. 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 Versus Counsel for Applicant(s) : Sandeep Kumar Yadav Counsel for Opposite Party(s) : G.A. Rahul Kumar Bharti .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) not dispute the submissions made by the counsel for the applicant. 6. 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 BNSS, 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- Rahul Kumar Bharti, 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. May 12, 2026 (Ravi Kant) BAIL No. 23158 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad