HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31452 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant, Sri Santosh Kumar Tiwari, learned counsel for the first informant, Sri J.P. Singh, 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. 299 of 2026 under Sections 333, 137(2), 115(2), 352, 351(3), 60(a), 64(2)(da) BNS, 5(l)/6 POCSO Act and 3(2)(V) SC/ST Act registered at Police Station Puwayan, District Shahjahanpur 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 there are material contradictions in the statement of the victim recorded under Sections 180 and 183 BNSS and on perusal of the same, it appears that she was in consensual relationship with the applicant. It is further submitted that age of the victim has been found to be 17 years 2 months as per certificate of High School and her medico-legal report does not support commission of rape on her. It is also submitted that applicant, who has no criminal history, has been languishing in jail since 27.5.2026. 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. 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 Versus Counsel for Applicant(s) : Ravi Shankar Tripathi Counsel for Opposite Party(s) : G.A., Santosh Kukmar Tiwari Ayush Kashyap @ Saurabh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) that victim has stated in her statement recorded under sections 180 and 183 BNSS that she was kidnapped and subjected to rape. It is next submitted that applicant also recorded video and photograph of the alleged incident and made it viral thereafter. 5. As per the FIR, applicant and other accused persons are said to have enticed away the daughter of the first informant aged about 17 years, however, she has been recovered. There appears to be material contradictions in the statement of the victim recorded under Sections 180 and 183 BNSS and on perusal of the same, it appears that she was in consensual relationship with the applicant. The victim has been found to be aged about 17 years 2 months as per certificate of High School and her medico-legal report does not support commission of rape on her. Applicant, who has no criminal history, has been languishing in jail since 27.5.2026. 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 Ayush Kashyap @ Saurabh 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. 31452 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 7, 2026 Madhurima BAIL No. 31452 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad