HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31818 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Ganesh Shanker Srivastava, learned counsel for the applicant, Shri Dharnidhar Pandey, learned counsel for the first informant and Shri Radhey Shyam, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 178 of 2026, under Sections 70(2), 351(3) of B.N.S. and Section 5/6 of POCSO Act, Police Station Itwa, District Siddharth Nagar, during the pendency of the trial. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case though there is no incriminating material against him. It is further submitted that the victim in her statement recorded under Sections 180 and 183 BNSS has stated that she was in relationship with the co-accused Azaharuddin and co- accused Azaharuddin committed rape on her in the house of the applicant. It is further submitted that the age of the victim has been found to be 19 years as per ossification test and the age of the victim has been found to be 14 years and 9 months as per certificate of high school. It is further submitted that the medico legal report does not support the allegation of commission rape on her. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 09.06.2026, in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the first informant has vehemently opposed Versus Counsel for Applicant(s) : Deepak Kumar Srivastava, Ganesh Shanker Srivastava Counsel for Opposite Party(s) : Dharnidhar Pandey, G.A., Sarvesh Pandey Ashish Pandey .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) the prayer for bail and it has been submitted by him that the applicant is equally responsible for this offence as he extended help to the co- accused Azaharuddin in the commission of the said offence as he provided a room in his house to the co-accused Azaharuddin and he also stood outside the room. 5. 5. Learned A.G.A. has also opposed the prayer for bail and it has been submitted by him that the role of the applicant is no less than the role of the co-accused Azaharuddin. 6. As per first information report, the applicant and co-accused Azaharudding are said to have committed gang rape on the victim, however, the victim in her statement recorded under Sections 180 and 183 BNSS has stated that she was in relationship with the co-accused Azaharuddin and co-accused Azaharuddin committed rape on her in the house of the applicant. It is further submitted that the age of the victim has been found to be 19 years as per ossification test and the age of the victim has been found to be 14 years and 9 months as per certificate of high school. It is further submitted that the medico legal report does not support the allegation of commission rape on her. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 09.06.2026. 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. Accordingly, the present application is ALLOWED. 9. Let the applicant- Ashish Pandey 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:- BAIL No. 31818 of 2026 2 (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 by him. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. 12. 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. 13. Office is directed to send a copy of this order to the applicant through Jail Superintendent, Siddharth Nagar 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 8, 2026 RKM BAIL No. 31818 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad