HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 19213 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Jeet Bahadur Gautam, learned counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 15 of 2026, under Sections 65(1), 351(3), 64(2)(m), 64(2)(f), 64(2)(k) BNS and Section 5J(ii)/6, 3/4(2), 5L/6, 5N/6, 5K/6 POCSO Act, Police Station- Jansa, District Varanasi. 3. As per prosecution story, the mother of the victim came to know about pregnancy about the victim, who is mentally retarded and on being asked, the victim told the name of the applicant though the victim could not clearly state about the incident in question. However, she told the name of the applicant as the person, who established physical relation with her. 4. This matter was heard on 20th July, 2026. On that date, counsel for the applicant had submitted that there is no DNA report regarding embryonic tissue of the victim, therefore the applicant has been falsely made responsible for pregnancy of the victim though the applicant was not involved in any kind of physical relationship with the victim. Therefore this Court directed the learned AGA to produce the FSL report regarding embryonic tissue of the victim. 5. In pursuance of the order of this Court, learned AGA produced the FSL report showing that the DNA of child, Dev Gautam, who was born to the Versus Counsel for Applicant(s) : Jeet Bahadur Gautam Counsel for Opposite Party(s) : G.A. Rahul Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) victim after pregnancy, does not belong to the applicant. These facts show that the applicant has been falsely implicated. 6. Learned counsel for the applicant submitted that the applicant is entitled to be released on bail. It is further submitted that the applicant has explained the criminal history of two cases in the accompanying affidavit and he is languishing in jail since 19.01.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 7. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 8. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the FSL report as well as medical examination of the victim showing no mark of sexual assault and keeping in view the nature of offence, evidence, complicity of 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. Accordingly, the present application is allowed. 9. Let the applicant- Rahul 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 BAIL No. 19213 of 2026 2 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. 12. Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned. 13. It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 14. It is 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. 15. Office is directed to send a copy of this order to the applicant through Varanasi Jail Superintendent via e-mail or e-prison portal and Trial Court via e-mode within 24 hours in compliance of the orders 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 as well as in the case of Pila Pahan @ Peela Pahan and others vs State of Jharkhand and another, in Writ Petition (Criminal) No.169 of 2025 decided on 29.05.2026. 16. Application, if any, stands disposed of. September 8, 2026 A.Kr. BAIL No. 19213 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad