HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15517 of 2026 Court No. - 65 (Sl. No. 13 out of 265) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Arnav Rai, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 81 of 2026, under Sections 87, 64(1) of BNS, Police Station - Mubarakpur, District - Azamgarh, during the pendency of trial. 4. Having heard the learned counsel for the parties, this Court finds that the statement of the victim recorded u/s 183 BNSS prima facie indicates her consent, as she has categorically stated that she was never raped by the applicant and that the relationship was established out of her own free will. As per her own statement, she is major, aged about 19 years, and has already passed the Class XII examination. The prosecution case thus lacks prima facie credibility, warranting the release of the applicant on bail. 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. Accordingly, the bail application is allowed. 6. Let the applicant- Mohd Kaif, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, Versus Counsel for Applicant(s) : Arnav Rai, Hemant Kumar Rai, Swati Pandey Counsel for Opposite Party(s) : G.A. Mohd Kaif .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. 15517 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad