HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35169 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Rajendra Kumar Pandey, counsel for the applicant, Sri Ram Kumar Verma, 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 during trial in Case Crime No. 628 of 2026, under Sections 127(2), 70(2), 61(2), BNS and Section 5(G) / 6 / 17 of Protection of Children From Sexual Offence Act, 2012 read with Sections 3(1), 4(1), 5(1)(d) & (i), 6(1)(b), 7(2)(a) of the Immoral Traffic (Prevention) Act, 2006, Police Station Kwarsi, District Aligarh. 3. Counsel for the applicant submitted that though in the FIR allegation has been made that the daughter of the first informant was missing since 12:30 A.M. on 31.07.2026; thereafter the victim was recovered from an hotel on 31.07.2026 by the police along with one co-accused Jilani. Counsel for the applicant submitted that the victim in her statements recorded under Section 180 and 183 BNSS made allegation of rape against the co-accused Danish, Jilani and Akeeq, and no allegation has been made against the applicant. The applicant has been falsely implicated merely on the ground that the applicant was an employee of the hotel in question, wherein the co-accused Danish booked a room on rent. It is further submitted that the applicant was not aware about the actual intention of the co-accused, therefore, the applicant has not committed any offence. It is further submitted that the applicant has explained the criminal history of one case. It is further submitted that the investigation is at the completion stage. The applicant is a law abiding Versus Counsel for Applicant(s) : Rajendra Kumar Pandey, Vinay Kumar Pandey, Yogesh Gaur Counsel for Opposite Party(s) : G.A. Ajay Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) citizen and he is languishing in jail since 31.07.2026. 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 A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties; taking into account the fact that the applicant was an employee of the hotel in question and no allegation of rape has been made against the applicant; also taking into account the statements of the victim recorded under Section 180 and 183 BNSS; 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. 6. Let the applicant- Ajay Kumar 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 of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 35169 of 2026 2 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. 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. 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 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. October 9, 2026 CS/- BAIL No. 35169 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad