Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 40756 of 2025 Court No. - 65 (Sl. No. 111 out of 269) HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned AGA, notice to the informant has been served on 15.11.2025 but none is present on behalf of the informant.
2. Rejoinder affidavit filed today by the learned counsel for the applicant is taken on record.
3. Heard Sri Sachin Malik, learned counsel for the applicant and Ms. Archana Hans, learned counsel for High Court Legal Services Committee as well as Sri V.K.S. Parmar, learned A.G.A. for the State and also perused the material placed on record.
4. Applicant seeks bail in Case Crime No. 214 of 2025, under Sections 137(2), 64, 87 of BNS and Sections 3/4 of POCSO Act, Police Station - Sevrahi, District - Kushi Nagar, during the pendency of trial.
5. 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 Ahemdabad, Gujarat without raising any alarm whatsoever. The ossification test report places the victim's age at about 15 years. Furthermore, there is no medical evidence on record to corroborate the alleged incident.
6. Without expressing any opinion on the merits of the case, prima facie Versus Counsel for Applicant(s) : Akhilesh Chaubey, Sachin Malik Counsel for Opposite Party(s) : Archana Hans, G.A. Pawan Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
the Court is of the view that the applicant has made out a case for bail. Accordingly, the bail application is allowed.
7. Let the applicant- Pawan Kumar, 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 14, 2026 Siddhant BAIL No. 40756 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad