HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26208 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary affidavit filed on behalf of the applicant and counter affidavit filed on behalf of the first informant are taken on record. 2. Heard Shri Vinay Babu, learned counsel for the applicant, Shri Anil Kumar, learned counsel for the first informant and Shri Radhey Shyam, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 197 of 2026, under Sections 64(1), 115(2), 109, 352, 351(2), 333 of B.N.S. and Section 4(2) of POCSO Act, Police Station Vrindavan, District Mathura, during the pendency of the trial. 4. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case though there is no incriminating material against him. It is further submitted that the first information report has been lodged by way of filing an application under Section 173(4) of BNSS after delay of six months. It is further submitted that some dispute is going on between the applicant, first informant and the victim as the first informant and the victim happens to be the daughters of the applicant. It is further submitted that the applicant has also filed a case against the first informant and the victim. It is further submitted that the age of the victim has been found to be 15 years as per birth certificate issued by the Municipal Corporation and the victim has refused to undergo medico legal examination. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 27.05.2026, in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail and it has been submitted by them that the first informant filed Habeas Corpus petition before this Court, pursuant to which the custody of the victim was handed over to the first informant and the victim, in her Versus Counsel for Applicant(s) : Vijay Babu Counsel for Opposite Party(s) : Anil Kumar, G.A. Manish Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) statement before the Hon'ble Division Bench of this Court, has stated that the applicant had assaulted and sexually exploited her. 6. As per first information report, which has been lodged by way of filing an application under Section 173(4) of BNSS and the applicant is said to have committed rape on his minor daughter aged about 15 years and the first information report has been lodged after delay of six months. It is further submitted that some dispute is going on between the applicant, first informant and the victim as the first informant and the victim happen to be the daughters of the applicant. It is further submitted that the applicant has also filed a case against the first informant and the victim. It is further submitted that the age of the victim has been found to be 15 years as per birth certificate issued by the Municipal Corporation and the victim has refused to undergo medico legal examination. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 27.05.2026 7. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Accordingly, the present application is ALLOWED. 9. Let the applicant- Manish Kumar involved in the aforementioned crime be released on bail, on his furnishing a personal bond and 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 cooperate in the trial/investigation sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond executed by him. 10. In case of breach of any of the above conditions, it shall be a ground for BAIL No. 26208 of 2026 2 cancellation of bail. 11. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. Office is directed to send a copy of this order to the applicant through Jail Superintendent, Mathura via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. September 8, 2026 RKM BAIL No. 26208 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad