HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15153 of 2026 Court No. - 65 (Sr. No.32 out of 205) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned State Law Officer has informed that the notice to the informant has been served on 20.04.2026, but none is present on behalf of the informant. 2. Heard Sri Mohammad Zakir, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.05 of 2026, under Sections 137(2), 127(2), 70(2) BNS and Section 5G/6 POCSO Act, Police Station Jahangirpur, District Bulandshahr, 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 victim is a consenting party, as she had gone with the applicant to the tube- well of the co-accused, Arjun. The said co-accused, Arjun, is stated to have bolted the gate of the tube-well, and the applicant and Jahid were found locked inside by the villagers. A matter of a consensual relationship has been converted into a criminal case by the informant owing to the different communities of the two parties. 5. Learned counsel for the applicant has further argued that the victim had admitted that she was in a relationship with the applicant for about one year in the statement given before the doctor conducting her medical Versus Counsel for Applicant(s) : Mohammad Zakir Counsel for Opposite Party(s) : G.A. Jahid .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) examination, but subsequently, the version was changed after tutoring in the statement of the victim recorded under Section 183 BNSS, as an afterthought. There is no medical corroboration of the incident, as the victim has not sustained any injury whatsoever. The victim is marginally less than 17 years old as per the Class X school certificate, but, by her physical appearance, she appears to be major. The criminal history assigned to the applicant stands explained. The applicant is in jail since 09.01.2026 and he undertakes to cooperate with the trial and not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 7. This Court is of the view that if a case for bail is otherwise made out, an accused cannot be kept incarcerated solely on account of his criminal antecedents. In the instant case, the criminal history attributed to the applicant has been properly explained. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that there is no medical corroboration of the incident, 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. 9. Let the applicant- Jahid, 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. 10. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. May 5, 2026 (Ravi Kant) BAIL No. 15153 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad