HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31697 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Pawan Kumar Vishwakarma, learned counsel for the applicant, Sri B.P. Maurya, learned AGA for the State-respondents and perused the record. 2. 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. 73 of 2026 under Sections 64(2)(Da), 351(3), 352 BNS, 5L/6 & 15(2) POCSO Act, 67A I.T. and sections 3(1)da, 3(1)dha S.C./S.T. Act registered at Police Station Bardah, District Azamgarh during pendency of the trial. 3. At the very outset, learned A.G.A. states that notice has been served upon the first informant. 4. It is contended by learned counsel for the applicant that applicant has already been granted bail by learned Special Judge, POCSO Act on 31.3.2026, however, cognizance was taken on 17.6.2026, thereafter, NBW were issued against the applicant on 14.7.2026 and his bail application has been rejected by the learned Special Judge vide order dated 11.8.2026 and the applicant is languishing in jail since 05.8.2026. It is also submitted that applicant has no criminal history and in case he 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. opposed the prayer for grant of bail to Versus Counsel for Applicant(s) : Karma Singh Yadav, Pawan Kumar Vishwakarma Counsel for Opposite Party(s) : G.A. Ajay Yadav .....Applicant(s) State Of U.P. Thru Secretary Home Deptt. .....Opposite Party(s) the applicant. 6. Applicant has already been granted bail by learned Special Judge, POCSO Act on 31.3.2026, however, cognizance was taken on 17.6.2026, thereafter, NBW were issued against the applicant on 14.7.2026 and his bail application has been rejected by the learned Special Judge vide order dated 11.8.2026 and the applicant is languishing in jail since 05.8.2026. On perusal of the impugned order passed by the learned Special Judge, it appears that he was not aware that applicant has already been granted bail by his Court on 31.3.2026 and the said order has been passed on merits and the fact of issuance of NBW against the applicant on 14.7.2026 is not mentioned in the said order. 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 Ajay Yadav 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 BAIL No. 31697 of 2026 2 of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond executed 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. September 30, 2026 Madhurima BAIL No. 31697 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad