HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31819 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Sunil Kumar Dubey, learned counsel for the applicant, Sri Sudhir Kumar Singh Parmar, learned counsel for the first informant, Sri Ashish Kumar Tripathi, 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. 258 of 2026 under Sections 64(2)(M), 351(2), 352 BNS, 5(l)/6 POCSO Act and 3(2)(v) S.C./S.T. Act registered at Police Station Baghpat, District Baghpat during pendency of the trial. 3. It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case and the alleged incident is said to have taken place in the year 2022-23 and FIR has been lodged in April, 2026. It is next submitted that victim is major, aged about 22 years, however, on the date of the alleged offence, she was aged about 17 years and her medico- legal report does not support commission of rape on her. It is next submitted that from the facts and circumstances of the case, it appears that she was in consensual relationship with the applicant and no photograph or video as alleged has been recovered during investigation. It is also submitted that applicant, who has no criminal history, has been languishing in jail since 17.5.2026. 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. Versus Counsel for Applicant(s) : Sunil Kumar Dubey Counsel for Opposite Party(s) : G.A., Sudhir Kumar Singh Parmar Balvendra Singh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 4. 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 applicant has been extending threats to the victim and he also abused her by calling her caste name. 5. The alleged incident is said to have taken place in the year 2022-23 and FIR has been lodged in April, 2026. The victim is presently major aged about 22 years, however, it is submitted that on the date of the alleged offence, she was aged about 17 years and her medico-legal report does not support commission of rape on her. It is submitted that from the facts and circumstances of the case, it appears that she was in consensual relationship with the applicant and no photograph or video as alleged has been recovered during investigation. Applicant, who has no criminal history, has been languishing in jail since 17.5.2026. 6. 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. 7. Let the applicant Balvendra Singh 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. 31819 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. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 10. 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. 11. 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 8, 2026 Madhurima BAIL No. 31819 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad