HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 17283 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Mushir Khan, learned counsel for the applicant, Sri Ishan Khare, learned counsel for the first informant, Sri BP Singh, 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. 50 of 2026 under Sections 137(2), 70(2), 351(3), 352, 61(2) BNS and 5G/6 POCSO Act registered at Police Station Baniather, District Sambhal during pendency of the trial. 3. It has been argued by learned counsel for the applicant that applicant has been falsely implicated in the present case and the applicant and co-accused Aman have not been assigned the role of commission of rape. It is further submitted that similarly placed co-accused Aman and Shiva have already been granted bail by this Court as well as by Co-ordinate Bench of this Court. It is further submitted that the victim in her statement under sections 180 and 183 BNSS has stated that co-accused Gaurav committed rape on her and she was in consensual relationship with co-accused Shiva. It is further submitted that victim has been found to be aged around 16 years as per transfer certificate of class IInd, however, there is no certificate of High School or school first attended and no radiological examination has been conducted for determination of her age. It is further submitted that medico- legal report of the victim does not support the allegation of rape on her as no Versus Counsel for Applicant(s) : Mohammad Abid Ali, Mushir Khan, Santosh Kumar Pandey, Shan Md Counsel for Opposite Party(s) : Aarushi Khare, Chaman Aara, G.A., Ishan Khare Vivek .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) injury has been found on her private parts though some abrasion is found on her neck. It is further submitted that criminal history of the applicant has been explained in the memo of application and he has been languishing in jail since 13.3.2026. 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. 4. On the other hand, learned counsel for the first informant opposed the prayer for grant of bail to the applicant and submits that the victim in her statement under section 180 and 183 BNSS has stated that applicant and co- accused Aman stood guard outside the room and they took active part in the commission of the offence and they come within the purview of gang rape. 5. learned A.G.A. also opposed the prayer for grant of bail to the applicant. 6. As per the FIR, applicant and three other accused persons are said to have committed gang rape on the victim. However, the victim has stated in her statements recorded under sections 180 and 183 BNSS that she was in consensual relationship with co-accused Shiva and another co-accused Gaurav committed rape on her. The victim has been found to be aged around 16 years as per transfer certificate of class IInd, however, there is no certificate of High School or school first attended and no radiological examination has been conducted for determination of her age. Medico-legal report of the victim does not support the allegation of rape on her as no injury has been found on her private parts though some abrasion is found on her neck. Criminal history of the applicant has been explained in the memo of application and he has been languishing in jail since 13.3.2026. Similarly placed co-accused Aman and Shiva have already been granted bail by this Court as well as by Co-ordinate Bench of this Court. 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 Vivek 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 BAIL No. 17283 of 2026 2 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 9, 2026 Madhurima BAIL No. 17283 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad