HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26693 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Manvendra Singh, learned counsel for the applicant and Sri Shiv Dutt Shukla, learned A.G.A. for the State and Miss Juhi Javed, learned counsel for the High Court Legal Services Committee. Second supplementary affidavit filed by the applicant is taken on record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 10 of 2026, under Sections 65(1), 351(3) of BNS and Section 5L/6 of POCSO Act and Section 3(2)5 of SC/ST Act and Section 67B of IT Act, Police Station Kalyanpur, District Fatehpur, during the pendency of the trial. 3. At the very outset, learned AGA submits that notice has been served on the first informant. 4. It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case and prior to lodging of the present case, earlier case was lodged against the applicant regarding enticing away the same victim and on perusal of the statement of the victim recorded under Sections 180 and 183 BNSS, it appears that she was in consensual relationship with the applicant. It is further submitted that the age of the victim has been found to be 16 years and 03 months as per her certificate of school first attended which does not bear any date. It is further submitted that the medico-legal report of the victim does not support the commission of rape on her and testimony of the victim has been recorded before the trial Court and therefore, there is no Versus Counsel for Applicant(s) : Manvendra Singh Counsel for Opposite Party(s) : G.A., Juhi Javed Sajan @ Deepak Lodhi .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) chance of tampering of evidence. It is further submitted that some videos and photos are said to have been made viral, however, the same have not been made viral by the applicant. It is also submitted that the applicant has been languishing in jail since 15.1.2026 he is having one criminal history which has been duly explained. It is lastly submitted that in case the applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. and learned counsel for High Court Legal Services Committee have vehemently opposed the prayer for bail, however, it is submitted that the victim in her statement recorded under Sections 180 and 183 BNSS has stated that the applicant committed rape on her and some videos and photos have been recorded by the applicant and the same have been made viral, however, during investigation it has surfaced that mobile phone of the applicant was formatted, therefore it could not be established that the said videos and photos were made viral from the mobile phone of the applicant. 6. Prior to lodging of the present case, earlier case was lodged against the applicant for enticing away the same victim and it is submitted that on perusal of the statement of the victim recorded under Sections 180 and 183 BNSS, it appears that the victim is a consenting party. The age of the victim has been found to be 16 years and 03 months as per her certificate of school first attended, however, the same does not bear any date and the medico-legal report of the victim does not support the commission of rape on her and testimony of the victim has been recorded before the trial Court and therefore, it is submitted that there is no chance of tampering of evidence. During investigation, it could not be established that videos and photos were made viral by the applicant. The applicant has been languishing in jail since 15.1.2026 he is having one criminal history which has been duly explained. 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 BAIL No. 26693 of 2026 2 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- Sajan @ Deepak Lodhi 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 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. BAIL No. 26693 of 2026 3 13. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent 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 9, 2026 Abhishek BAIL No. 26693 of 2026 4 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad