HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13764 of 2026 Court No. - 65 (Sr. No.45 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 21.04.2026, but none is present on behalf of the informant. 2. Heard Sri Gaurav Yadav, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.30 of 2026, under Sections 137(2), 65(1) BNS and Section 3/4(2) POCSO Act, Police Station Nagphani, District Moradabad, 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 FIR is delayed by about 5 days, and there is no explanation for the said delay. The victim has categorically denied having gone with the applicant and has even stated that she does not know him. She had gone on her own all the way to Haridwar, stayed there for 4 days, and came back later on. The applicant has no criminal history and is in jail since 26.02.2026. 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 Versus Counsel for Applicant(s) : Gaurav Yadav, Keshari Nath Tripathi Counsel for Opposite Party(s) : G.A. Nitin Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 183 B.N.S.S., 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- Nitin Kumar, 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 (Ravi Kant) BAIL No. 13764 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad