HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30749 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. List revised. 2. Heard Sri Ajay Kumar Singh, Advocate, holding brief of Sri Akhilesh Kumar Mishra, learned counsel for the applicant, Sri Ankit Kumar Dubey, Advocate, holding brief of Sri Akash Kumar Nishad, learned counsel for the first informant, Sri BP Maurya, learned AGA for the State-respondents and perused the record. 3. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 180 of 2026 under Sections 64(1), 352, 351(3) BNS and 3/4 POCSO Act registered at Police Station Bakhira, District Sant Kabir Nagar during pendency of the trial. 4. It is contended by learned counsel for the applicant that FIR has been lodged after delay of eleven days and on perusal of the statement of the victim recorded under Sections 180 and 183 BNSS, it appears that she was in consensual relationship with the applicant, however, it has been stated by her that after some time, their relationship was broken and on the alleged date of occurrence, applicant is said to have entered into her house and committed rape on her. It is further submitted that prior to date of the alleged occurrence, some dispute arose between the applicant and family members of the victim and the applicant was challaned under section 170 BNSS. It is further submitted that the victim is aged about 17 years 8 months as per certificate of High School and 18 years as per ossification test and her medico-legal report does not support commission of rape on her. It is also submitted that applicant, who has no criminal history, has been languishing in jail since 25.5.2056. It is lastly submitted that in case applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. as well as learned counsel for the first informant opposed the prayer for grant of bail to the applicant and submit that the victim is a Versus Counsel for Applicant(s) : Akhilesh Kumar Mishra Counsel for Opposite Party(s) : Akash Kumar Nishad, G.A. Azad .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) minor girl aged about 17 years 8 months as per certificate of High School and in her statement recorded under sections 180 and 183 BNSS has stated that applicant committed rape on her. It is further submitted that medico-legal report of the victim supports commission of rape on her as bleeding has been found on her private part. 6. FIR has been lodged after delay of eleven days as per which, applicant is said to have committed rape on the victim aged about 17 years. On perusal of the statement of the victim recorded under Sections 180 and 183 BNSS, it appears that she was in consensual relationship with the applicant, however, it has been stated by her that after some time, their relationship was broken and on the alleged date of occurrence, applicant is said to have entered into her house and committed rape on her. It is also submitted that prior to date of the alleged occurrence, some dispute arose between the applicant and family members of the victim and the applicant was challaned under section 170 BNSS on 15.5.2026 i.e. four days after the alleged incident. The victim is aged about 17 years 8 months as per certificate of High School and 18 years as per ossification test. Medico-legal examination which has been conducted after eleven days of the incident does not support commission of rape on the victim though bleeding has been found on her private part. Applicant, who has no criminal history, has been languishing in jail since 25.5.2056. 7. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Let the applicant Azad involved in the aforementioned 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, with the following conditions:- (i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (ii) The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond executed BAIL No. 30749 of 2026 2 by him. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 12. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. October 1, 2026 Madhurima BAIL No. 30749 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad