HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15040 of 2026 Court No. - 65 (Sr. No.10 out of 205) 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 20.4.2026. 2. Heard Sri Yakub Ali, 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.230 of 2026, under Sections 65(1), 87, 137(2) BNS and 5L/6 POCSO Act, Police Station Gulriha, District Gorakhpur, 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 far as her statement recorded under Section 183 B.N.S.S. is concerned. She has stated that she was 18 years old and had discontinued her education after class-8th. There is no medical corroboration of the incident, as such, it is a clear cut case of false implication. The applicant has no criminal history and is in jail since 24.3.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 183 Versus Counsel for Applicant(s) : Yakub Ali Counsel for Opposite Party(s) : G.A. Anup Gupta .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) B.N.S.S., which indicates her consent, 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. 7. Let the applicant- Anup Gupta, 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. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. May 5, 2026 Vikas Verma BAIL No. 15040 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad