Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6575 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party, and Sri Raghuraj Singh, Advocate holding brief of Sri Vijay Pal, learned counsel for the informant. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 255 of 2024, under Sections 70(2), 351(2) B.N.S. and 5G/6 POCSO Act, Police Station Agauta, District Bulandshahr during the pendency of the trial. 3. The prosecution case, in brief, is that the informant's daughter alleged that for the past approximately one and half year the applicant along with two others had been repeatedly committing rape upon her. It is also alleged that the accused persons recorded videos of the incidents and by threatening to make them viral continued to sexually assault her. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. After investigation, the applicant was not charge-sheeted and was subsequently summoned by the trial court under Section 358 B.N.S.S. vide order dated 26.09.2025. The applicant was arrested on 07.02.2026 and since then he is in jail. The applicant has no criminal antecedents. In case the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. for the State and learned counsel for the informant have opposed the prayer for bail. 6. Having heard learned counsel for the parties and upon perusal of the Versus Counsel for Applicant(s) : Rajesh Kumar Sharma Counsel for Opposite Party(s) : G.A. Nadeem .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
material on record, this Court prima facie finds that during trial the informant and the victim were examined as PW-1 and PW-2 respectively. PW-1 has supported the prosecution version and deposed that the applicant along with two others committed rape upon the victim. The victim (PW-2), in her testimony before the trial court, has also alleged that she was subjected to rape by the applicant and two others. The victim is minor. The accusations are grave in nature. 7. Considering the nature and gravity of accusations, the specific role assigned to the applicant and the evidence available on record, this Court is not inclined to grant bail to the applicant.
8. Accordingly, the bail application of the applicant is rejected. 9. It is made clear that the observations made in this order shall have no bearing on the merits of the case. 10. The trial Court shall make earnest endeavour to expedite the proceedings of trial and conclude the same at the earliest without granting any adjournment to either parties. 11. Office is directed to send a copy of this order to the court concerned for information forthwith. March 18, 2026 SKT/- BAIL No. 6575 of 2026 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad