HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15054 of 2026 Court No. - 65 (Sr. No.11 out of 205) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned A.G.A. has informed that notice to the informant has been served on 22.4.2026. Certified copy of the FIR supplied by learned counsel for the applicant is taken on record. 2. Heard Sri Sanjay Singh, 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.238 of 2025, under Sections 137(2), 87, 65(1) BNS and 5(j)(ii)/6 POCSO Act, Police Station Indergarh, District Kannauj, 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 U/s 183 BNSS is concerned. The victim has stated that it was she who insisted the applicant to establish corporeal relationship with her and he did so at her dictates. The victim by her looks seems to be major, although she is stated to be 16-17 years old as per her own statement. 5. Learned counsel for the applicant has further argued that a leverage of two years may be granted to the applicant on the upper side as the radiologist cannot predict the correct date of birth rather there is a long margin of 1 to 2 years on either side. The applicant is ready to take care of the victim and the Versus Counsel for Applicant(s) : Manoj Kumar Srivastava, Sanjay Singh Counsel for Opposite Party(s) : G.A. Dataram @ Ravi .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) fetus in her womb. The applicant has no criminal history and is in jail since 28.2.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. 7. 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 U/s 183 BNSS, 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. 8. Let the applicant- Dataram @ Ravi, 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. 9. 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. 15054 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad