HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26281 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Jalaj Singh, learned counsel for the applicant, Sri Ashish Kumar Tripathi, 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. 307 of 2025 under Section 70(2) of BNS and 5G/6 POCSO Act registered at Police Station Devband, District Saharanpur 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 similarly placed co-accused Bittu has already been granted bail by this Court vide order dated 07.4.2026 passed in Criminal Misc. Bail Application No.34298 of 2025. It is further submitted that age of the victim has been found to be 17 years as per ossification test and 13 years and 4 months as per certificate of class VIIIth and her medico-legal report does not support the allegation of rape as her hymen has been found intact. It is further submitted that applicant has criminal history of minor offences and he has been languishing in jail since 20.5.2025. It is also submitted that the applicant 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 victim is a minor girl aged about 13 years and 4 months as per certificate of class VIIIth and 17 years as per ossification test and she has stated in her statements recorded under sections 180 and 183 BNSS that applicant committed rape on her. 6. As per the FIR, applicant and co-accused Bittu are said to have committed gang Versus Counsel for Applicant(s) : Jalaj Singh Counsel for Opposite Party(s) : G.A. Shiva Saini .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) rape on the victim. However, medico-legal report of the victim does not support the allegation of rape as her hymen has been fond intact and no injury has been found on her private part. The victim has been found to be aged about 17 years as per ossification test and 13 years and 4 months as per certificate of class VIIIth, however, there is no certificate of High School or school first attended. Co-accused Bittu has already been granted bail by Co-ordinate Bench of this Court. Applicant has criminal history of minor offences and he has been languishing in jail since 20.5.2025. 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 Shiva Saini 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. 26281 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad