Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31492 of 2026
Court No. - 68 (Sr. No.24 out of 185) HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Saksham Srivastava, Advocate holding brief of Sri Veerendra Singh, learned counsel for the applicant, Sri Anil Kumar, learned counsel for the informant as well as Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.167 of 2026, under Sections 351(2) BNS and Sections 5(A)(iv), 5M, 6 POCSO Act, Police Station Rahra, District Amroha, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about 25 days and there is no explanation of the said delay caused. The allegations of unnatural offence do not find corroboration by any evidence whatsoever. Even the two victims have categorically denied being subjected to any kind of aggravated sexual assault by the applicant. The applicant is the victim of internal official rivalry among the police men. The applicant has no criminal history and is in jail since 17.7.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. Versus Counsel for Applicant(s) : Veerendra Singh Counsel for Opposite Party(s) : Anil Kumar, G.A. Anurag Tomar .....Applicant(s) State Of Up And 3 Others .....Opposite Party(s)
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the inordinate delay in institution of FIR coupled with the fact that the victims have denied being subjected to any kind of aggravated sexual assault by the applicant, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
7. Let the applicant- Anurag Tomar, be released on bail in the aforementioned case crime on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 8, 2026 Vikas Verma BAIL No. 31492 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad