HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26276 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Rajendra Singh Yadav, learned counsel for the applicant, Sri Uma Shakar Mishra, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 311 of 2026 under Sections 137(2), 87, 65(1) BNS and 3/4(2) POCSO Act registered at Police Station Sirsaganj, District Firozabad during pendency of the trial. 3. At the very outset, learned A.G.A. states that notice has been served upon the first informant. 4. It has been argued by learned counsel for the applicant that applicant has been falsely implicated in the present case and on perusal of the statements of the victim recorded under sections 180 and 183 BNSS, it appears that she is a consenting party. It is further submitted that age of the victim has been found to be 18 years as per radiological report and her medico-legal report does not support the allegation of rape on her. It is further submitted that applicant, who has no criminal history, has been languishing in jail since 17.6.2026 and he undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to the applicant and submits that date of birth of the victim is 14.5.2009 as per certificate of class Vth. 6. As per the FIR, applicant and co-accused Golu are said to have enticed away the daughter of the first informant as well as daughter of his neighbor, however, both the victims have been recovered. The first victim has stated in her statements recorded under sections 180 and 183 BNSS that she was in love with the applicant and had left her home on her own free will and the applicant established physical relationship with Versus Counsel for Applicant(s) : Rajendra Singh Yadav Counsel for Opposite Party(s) : G.A. Avinash .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) her on her consent, however, in her statement under section 183 BNSS, she has stated that applicant established physical relationship with her without her consent. The victim has been found to be aged about 17 years as per certificate of class Vth and 18 years as per radiological report and her medico-legal report does not support the allegation of rape on her. Applicant, who has no criminal history, has been languishing in jail since 17.6.2026. 7. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 8. Let the applicant Avinash involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. September 8, 2026 Madhurima BAIL No. 26276 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad