HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 3662 of 2026 Along with : 1. Criminal Misc. Bail Application No. 41856 of 2025: Rahul Versus State of U.P. and 3 others Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. List revised. None appears either for the informant or Child Welfare Committee as well as for the High Court Legal Services. 2. Heard learned counsel for the applicants, Sri Ashutosh Pandey, learned counsel for the informant, learned A.G.A for the State and perused the record. 3. The applicant-Boby filed the Criminal Misc. Bail Application No.366 of 2026 whereas the applicant-Rahul has filed Criminal Misc. Bail Application No. 41856 of 2025 with a prayer to enlarge them on bail in Crime No.445 of 2025, under Section 137(2), 64(2)(ड), 87 of B.N.S., and Section 5L/6 of POCSO Act, Police Station Malpura, District Agra during the pendency of the trial. 4. Learned counsel for the applicants has contended that in the instant case, there are two victims (hereinafter to be referred to as "A" and "B'). The allegations are that the accused-applicant Rahul had enticed away Versus Counsel for Applicant(s) : Ajay Kumar Pandey, Birendra Kumar Mishra Counsel for Opposite Party(s) : Ashutosh Pandey, G.A. Boby .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) victim "A" aged about 17 years and victim "B" aged about 14 years and in the said elopement, the accused-applicant Boby has assisted him. Learned counsel for the applicant has contended that as per ossification test, the age of the victim "A" and "B" has been assessed as 17 years and 15 years respectively. Learned counsel has further argued that the victim "A", who is aged about 17 years, in her statement recorded under Section 183 of B.N.S.S. has stated that she had gone with the applicant-Rahul out of her own free will and consent at Surat and physical relations were also established with her consent. She has also stated that she wants to go with the applicant-Rahul. On the other side, the victim "B" in her statement recorded under Section 183 of B.N.S.S., who is aged about 15 years, has stated that she had gone with the applicant Boby out of her own free will and consent and that there is no allegation of commission of rape or any molestation, rather she has stated that she wants to stay with the applicant-Boby. Learned counsel further argued that so far as the physical relations established by the accused Rahul with victim "A" is concerned, she is a consenting party and therefore no allegation as against the applicant-accused Rahul is made out, whereas the allegation against the applicant-Boby is concerned, there is no whisper of molestation or rape against the applicant has been levelled by the victim "B". It is thus contended that no offence is made out against the applicant. Apart from the aforesaid submissions, learned counsel has also drawn attention of this Court to the supplementary report of the victim "A" and "B", copy of which is at page no.81 and 83 of the paper book and argued that as per pathological report, spermatozoa not seen in the vaginal smear examination. It is thus contended that the medical report also does not corroborates with the prosecution version. Learned counsel has argued that the applicants are innocent and they have been falsely implicated in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem BAIL No. 3662 of 2026 2 fit to impose upon them. He next submits that applicants are languishing in jail since 28.09.2025. 5. Learned AGA has vehemently opposed the bail application and submits that in case the applicants are released on bail they will misuse the liberty of bail, however, could not dispute the submission of learned counsel for the applicants with regard to parity. 6. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 7. Let the applicants Boby and Rahul be released on bail in Crime No.445 of 2025, under Section 137(2), 64(2)(ड), 87 of B.N.S., and Section 5L/6 of POCSO Act, Police Station Malpura, District Agra, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear on the date fixed by the trial court. iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission. v) The applicants 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. March 10, 2026 S.Ali BAIL No. 3662 of 2026 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad