HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16446 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard, Learned counsel for the applicant, 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. 134 of 2024, under Sections 137(2), 87, 351(2) of BNS, Police Station- Bagwala, District- Etah. 3. The Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. There is no allegation against the applicant of abduction of the victim, nor of making any sexual assault on her. The Learned counsel for the applicant further contends that the co- accused Ganesh, who is said to be primary accused of the case, has been granted regular bail by this Court vide order dated 28.2.2025, passed in Criminal Misc. Bail Application No. - 42873 of 2024. Perusal of the statements of the victim, recorded under Sections 180 and 183 BNSS, would indicate that the victim had accompanied the co-accused Ganesh of her own free will. He further contends that the applicant has no criminal antecedents and he is in jail since 12.4.2026. 4. The Learned A.G.A., on the other hand, has opposed the prayer for grant of bail, however, could not dispute the contentions raised by learned counsel for the applicant. Learned A.G.A. has pointed out that now a charge sheet has been filed against the applicant only under Section 351(2) BNS. Versus Counsel for Applicant(s) : Rajesh Kumar Counsel for Opposite Party(s) : G.A. Dharmendra Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 5. I have considered the submissions made by the Learned counsels for the parties and perused the material brought on the record. 6. Taking into consideration the fact that the applicant has not been given any role of sexually assaulting the victim and also the fact that now a charge sheet has been submitted under Section 351(2) BNS alone, which is punishable with a maximum imprisonment of seven years, prima facie, a case for bail is made out. 7. The bail application is allowed. 8. Let the accused-applicant- Dharmendra Kumar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. 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. BAIL No. 16446 of 2026 2 12. The observations made hereinabove are exclusively for deciding the instant bail application and are not to be considered to be an opinion on the merits of the case. May 14, 2026 Vandana BAIL No. 16446 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad