Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28154 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant, Sri Anupam Anand, learned Brief Holder for the State-opposite party, and Sri Manoj Kumar Tiwari, learned counsel for the informant, and perused the record.
2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 126 of 2026, under Sections 65(1), 351(3) B.N.S. and 3/4(2) POCSO Act, Police Station Sinduriya, District Maharajganj during the pendency of the trial.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant has no criminal antecedents. The applicant is in jail since 06.06.2026 and in case he is released on bail, he will not misuse the liberty of bail.
4. Per contra, learned A.G.A. for the State and learned counsel for the informant have opposed the prayer for bail.
5. Having heard learned counsel for the parties and upon perusal of the record, this Court prima facie finds that the first information report contains a specific allegation of rape against the applicant. The victim in her statements recorded under Sections 180 and 183 B.N.S.S. has supported the prosecution version. The victim is a minor. The offence is grave. There is likelihood that the applicant committed the offence. At this stage, enlarging the applicant on bail will not be conducive to fair trial.
6. Considering the nature and gravity of the allegations, the age of the victim and the material available on record, in my opinion, this is not a fit Versus Counsel for Applicant(s) : Afzal Husain, Mohammad Asif Counsel for Opposite Party(s) : G.A., Manoj Kumar Tiwari Irfan Ali .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
case for grant of bail.
7. Accordingly, the bail application is rejected.
8. The trial court is directed to conclude the trial expeditiously.
9. It is made clear that the observations made in this order shall have no bearing on the merits of the case.
10. Office is directed to send a copy of this order to the court concerned for information. October 7, 2026 SKT/- BAIL No. 28154 of 2026 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad