HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13169 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime no.51 of 2026, under Sections 351(3), 140(4) BNS, Police Station Civil Lines, District Aligarh. 3. Learned counsel for the applicant states that the applicant has been falsely implicated in the present case. He submits that the victim is not a minor and his age is 21 years. Initially, the FIR was lodged for offences under Sections 137(2), 351(3), 140(4) BNS and Sections 5g and 6 of the POCSO Act. He contends that lateron the victim was found to be major and the provisions of the POCSO Act have been removed from the investigation. He further contends that there is serious contradictions between the FIR and the statement under Section 183 BNSS of the victim. There is no medical report to substantiate the allegations against the applicant. 4. Learned AGA has opposed the prayer for bail and has contended that the case against the applicant is consistent. The applicant is the solitary accused mentioned in the FIR, who has committed sexual assault on the victim. Learned AGA has further submitted that in the FSL report of the medical examination of the victim and the applicant, on the jeans pant of the applicant, spermatozoa was found. On the strength of this, Learned AGA contends that sexual assault on the victim is clearly made out. He Versus Counsel for Applicant(s) : Ajay Kumar Gautam Counsel for Opposite Party(s) : G.A. Shanu .....Applicant(s) State of U.P. .....Opposite Party(s) further submits that the applicant has not made any allegation of false implication against the victim. 5. Rejoining the issue, Learned counsel for the applicant contends that the incident is said to have taken place on 24.01.2026, however, the applicant was arrested on 27.01.2026 and it is only thereafter that the sample and the clothes of the applicant were taken for examination by the forensic science laboratory. He further contended that in the medical examination of the victim and the FSL report of the samples drawn from the victim, no spermatozoa or any other incriminating material, which may connect the applicant to the crime, have been recovered. 6. I have considered the submissions made by Learned counsels for the parties. 7. The applicant although named in the FIR, however, the same has been lodged after two days of the occurrence. The victim claims to be a minor, however, in the police investigation, the provisions of the POCSO Act have been removed. The statement of the victim recorded under Section 183 BNSS indicates that he was made to eat some biscuits by the applicant, which led the victim to lose consciousness. This fact is absent from the FIR. The applicant is not stated to have any criminal antecedents. 8. Prima facie, in the opinion of the Court, there is a serious contradiction between the FIR, which has been lodged with a delay of two days and the statement of the victim recorded under Section 183 BNSS. The applicant is in jail since 27.01.2026. A chargesheet has now been submitted and the applicant is no longer required for any custodial arrest or interrogation. 9. Taking into consideration the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it appropriate to enlarge the applicant on bail. 10. The bail application is allowed. 11. Let the accused-applicant, Shanu, involved in above mentioned case crime number be released on bail, on his executing a personal bond and BAIL No. 13169 of 2026 2 two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: (i) The applicant will not tamper with the evidence. (ii) The applicant will not indulge in any criminal activity. (iii) The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. (iv) The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. 12. In the event of breach of any of the aforesaid conditions, the court concerned will be at liberty to proceed to cancel his bail. 13. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 14. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. May 6, 2026 A. Pandey BAIL No. 13169 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad