HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13868 of 2026 Court No. - 65 (Sr. No.48 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 02.04.2026, but none is present on behalf of the informant. 2. Heard Sri Ved Prakash Shukla, learned counsel for the applicant, Ms. Archana Tiwari, learned counsel for the High Court Legal Service Committee, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.349 of 2025, under Sections 137(2), 87, 65(1), 115(2), 352, 351(3) BNS and Section 5L/6 POCSO Act, Police Station Maharajpur, District Kanpur Nagar, 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 to the house of the applicant on his calling and stayed there. She has subsequently stated that the applicant used to drink liquor and used to beat her up. She is 18 years old as per the ossification test report. The applicant has no criminal history and is in jail since 04.02.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned counsel for the High Court Legal Service Committee and learned Versus Counsel for Applicant(s) : Ved Prakash Shukla Counsel for Opposite Party(s) : G.A. Nitish Kumar @ Sitaram .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) A.G.A. have 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 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- Nitish Kumar @ Sitaram, 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. 13868 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad