HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35135 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Janardan Prasad Tripathi, learned counsel for the applicant, Shri R.N. Mishra, holding brief of Shri Syed Imran Ibrahim, learned counsel for the first informant and Shri B.P. Maurya, 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. 58 of 2025, under Sections 143(4), 115(2), 351(2), 352, 64 of B.N.S. and Section 3/4 of POCSO Act, Police Station Mahua Kheda, District Aligarh, 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 first information report has been lodged after considerable delay of 7-8 years and there is no mention of any date and time of the alleged occurrence. It is further submitted that similarly placed co-accused Khudeja Bibi Alias Shabnam has already been granted bail by the Co-ordinate Bench of this Court vide order dated 10.09.2026 passed in Criminal Misc. Bail Application No28819 of 2025. It is further submitted that there is no allegation of sexual assault / rape against the applicant and the marriage of the victim has been solemnized with co-accused Sonu. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 14.04.2025, in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in Versus Counsel for Applicant(s) : Janardan Prasad Tripathi, Km. Sakshi Patel, Manoj Singh, Shiv Naresh Counsel for Opposite Party(s) : G.A., Syed Imran Ibrahim Shyam Sundar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) the trial proceedings. 4. Per contra, learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail. 5. As per first information report, co-accused Khudeja Bibi Alias Shabnam is said to have sold the minor victim to the applicant, and subsequently, the applicant got the victim married to co-accused Sonu and the first information report has been lodged after considerable delay of 7-8 years and there is no mention of any date and time of the alleged occurrence. Similarly placed co-accused Khudeja Bibi Alias Shabnam has already been granted bail by the Co-ordinate Bench of this Court vide order dated 10.09.2026 passed in Criminal Misc. Bail Application No28819 of 2025. It is further submitted that there is no allegation of sexual assault / rape against the applicant and the marriage of the victim has been solemnized with co-accused Sonu. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 14.04.2025. 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. Accordingly, the present application is ALLOWED. 8. Let the applicant- Shyam Sundar 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. 35135 of 2025 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. 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 Jail Superintendent, Aligarh 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 9, 2026 RKM BAIL No. 35135 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad