HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 16687 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Digambar Dwivedi, learned counsel for the applicant, and Shri B.P. Maurya, learned AGA for the State-respondents and perused the record. Learned AGA submits that the notice has been served on the first informant. 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.126 of 2025, under Sections 137(2), 87, 61(2), 143(4) BNS and Section 9/10 of POCSO Act, registered at Police Station Khukhundu, District Deoria, during pendency of the trial. 3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that co-accused Kunnu Yadav has already been granted bail by the Co-ordinate Bench of this Court vide order dated 06.05.2026 passed in Criminal Misc. Bail Application No.15343 of 2026. It is further submitted that as per first information report, the main allegation against the co-accused Kunnu Yadav, however, the victim has supported the allegations of the first information report and her statement recorded under Section 183 BNSS has categorically stated that she is aged about 18 years and she had married with the co-accused Kunnu Yadav on her own free will and no physical relationship was established by the co-accused Kunnu Yadav with her. It is further submitted that the applicant is languishing in jail since Versus Counsel for Applicant(s) : Digambar Dwivedi Counsel for Opposite Party(s) : G.A. Ajay Maddheshiya .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 24.03.2026, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant and it has been submitted by him that during investigation it has surfaced that the applicant has sold the victim to the co-accused Kunnu Yadav for a consideration money of Rs.50,000/-. 5. Co-accused Kunnu Yadav has already been granted bail by the Co- ordinate Bench of this Court vide order dated 06.05.2026 passed in Criminal Misc. Bail Application No.15343 of 2026. As per first information report, the main allegation is against the co-accused Kunnu Yadav, however, the victim has not supported the allegations of the first information report and in her statement recorded under Section 183 BNSS has categorically stated that she is aged about 18 years and she had married with the co-accused Kunnu Yadav on her own free will and no physical relationship was established by the co-accused Kunnu Yadav with her. It is further submitted that the applicant is languishing in jail since 24.03.2026. 6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. 7. Let the applicant- Ajay Maddheshiya involved in the aforesaid case crime shall be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned :- (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 not pressurize/intimidate the prosecution witnesses. BAIL No. 16687 of 2026 2 (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 18, 2026 RKM BAIL No. 16687 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad