HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 18421 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. No one appeared on behalf of the first informant despite service of notice by the police. 2. Heard Sri Sanjay Kumar Dwivedi, counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail during trial in Case Crime No. 554 of 2025, under Sections 137(2), 64(1), B.N.S., Section 3/4 POCSO Act, and Section 3(2)(5) of S.C/S.T. Act, Police Station- Gowardhan, District Mathura. 4. Counsel for the applicant submitted that prior to the present FIR, an FIR was lodged on 13.08.2025 against the applicant with the allegation that the applicant has enticed away the daughter of the first informant on the false promise of marriage and also prepared video and photograph of the victim of intimate moment; and on the basis of that obscene video and photograph, the applicant established physical relationship with the victim on several occasions; thereafter the victim was recovered by the police and her statements under Section 180 and 183 BNSS were recorded, wherein she admitted this fact that she was in relationship with the applicant and the applicant has not committed any wrong with her; thereafter the mother of the victim lodged the present FIR on the basis of same allegation, which was the subject matter of the earlier FIR; and she also stated that the earlier statement of the victim under Section 180 and 183 BNSS was incorrectly recorded. Counsel for the applicant submitted that the applicant was released Versus Counsel for Applicant(s) : Asharfi Lal, Ram Raj Prajapati, Sanjay Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Rinku Gola .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) on bail in the earlier case regarding the same incident in Criminal Misc. Bail Application No.3058 of 2026 vide order dated 28.03.2026. Thereafter, just to pressurize the applicant, the present FIR was lodged. It is further submitted that no such video or photograph as alleged in the FIR as well as in the statement of the victim was recovered by the police during investigation. It is further submitted that the applicant has no criminal history. It is further submitted that the medical examination report of the victim does not show any mark of injury or any sign of sexual assault. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 28.01.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties; taking into account the statement of the victim recorded under Section 180 and 183 BNSS; also taking into account the medical examination report of the victim and keeping in view the nature of offence, evidence, complicity of accused 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. Accordingly, the bail application is allowed. 7. Let the applicant- Rinku Gola 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. BAIL No. 18421 of 2026 2 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 by him. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 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 on e-prison portal and Trial Court via e-mode 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 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. September 29, 2026 CS/- BAIL No. 18421 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad