HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12879 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Akshat Jain, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 019 of 2025, under Sections 137(2) & 87 of BNS, Police Station - Kotwali, District - Varanasi, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about one day and there is no explanation of the said delay caused. 5. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS whereby she has stated that she had gone with the applicant on his scooter and travelled to several places. The only bone of contention is that on the information of a kidnapping case being instituted by the informant, the applicant's father was taken into illegal custody by the police and the applicant wanted him to be released. The victim has categorically stated that she was not subjected to any kind of sexual assault by the applicant, otherwise she seems to be a consenting party. 6. Learned counsel has next contended that the applicant is languishing in Versus Counsel for Applicant(s) : Akshat Jain, Mohammad Waseem, Pankaj Bharti Counsel for Opposite Party(s) : G.A. Alok Kumar Kannaujiya .....Applicant(s) State of U.P. .....Opposite Party(s) jail since 17.02.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the statement of the victim recorded u/s 183 BNSS which indicates towards her consent, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Alok Kumar Kannaujiya, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 23, 2025 Siddhant BAIL No. 12879 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad