Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14151 of 2026 Court No. - 65 (Sl. No. 25 out of 265) HON'BLE KRISHAN PAHAL, J.
1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 23.04.2026 but none is present on behalf of the informant.
2. Heard Sri Pankaj Sharma, learned counsel for the applicant and Sri Jai Kishan Chaurasia, learned State Law Officer and also perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 121 of 2025, under Sections 74, 64(2)(m) of BNS and Sections 5(m)/6 of POCSO Act, Police Station - Tronica City, District - Ghaziabad, during the pendency of trial.
4. Having heard the learned counsel for the parties, this Court finds an inordinate delay of about eight hours in lodging the FIR. This appears a clear case of false implication as initial allegations pertained to outraging modesty which were reiterated in the victim's statement u/s 180 BNSS, but were escalated to rape only in her statement u/s 183 BNSS. No medical evidence corroborates rape, as the victim refused internal examination. The ossification test places her age at about 6 years. The prosecution case thus lacks prima facie credibility, warranting bail to the applicant.
5. 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. Versus Counsel for Applicant(s) : Arshala Parveen, Pankaj Sharma, Prashant Sharma Counsel for Opposite Party(s) : G.A. Mukim Alias Mokim .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
Accordingly, the bail application is allowed.
6. Let the applicant- Mukim Alias Mokim, 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.
7. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. May 7, 2026 Siddhant BAIL No. 14151 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad