HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15384 of 2026 Court No. - 65 (Sr. No.60 out of 269) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned A.G.A. has informed that the notice to the informant has been served on 01.05.2026, but none is present on behalf of the informant. 2. Heard Sri Ajay Tripathi, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.561 of 2025, under Sections 137(2), 127(2), 352, 351(2), 65(1), 75, 64(2)M BNS and 3/4(2), 5-L/6 POCSO Act, Police Station Garhmukteshwar, District Hapur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The F.I.R. is delayed by about 19 days from the last incident and by about 2 months from the incident as mentioned in the F.I.R. A matter of discord between two families has been converted into a criminal case by the informant, as the applicant was earlier also prosecuted for breach of peace by the police concerned on 28.08.2025. 5. Learned counsel for the applicant has further argued that there is no medical corroboration of the incident. There is nothing on record to suggest that the victim was minor. There is no recovery of any photographs Versus Counsel for Applicant(s) : Ajay Tripathi, Surya Prakash Pandey Counsel for Opposite Party(s) : G.A. Gaurav .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) whatsoever. The applicant has no criminal history and is in jail since 04.10.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in the institution of the FIR, the absence of any medical corroboration of the incident and that there is no recovery of any photographs, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Gaurav, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. May 14, 2026 (Ravi Kant) BAIL No. 15384 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad