HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26274 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Virendra Singh, learned counsel for the applicant who has filed supplementary affidavit which is taken on record, Sri O.P. 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. 439 of 2025 under Sections 65(2), 115(2), 351(2) BNS and 5MN/6(1) POCSO Act registered at Police Station-Sector 63, NOIDA, District Gautam Budh Nagar during pendency of the trial. 3. At the very outset, learned A.G.A. states that notice has been served upon the first informant. 4. It has been argued by learned counsel for the applicant that applicant has been falsely implicated in the present case and the victim as well as the first informant have turned hostile before the learned trial court and they have not supported the allegations made in the FIR. It is further submitted that medico-legal report of the victim also does not support the allegation of rape on her and she is aged about nine years as per marksheet of class I. It is further submitted that applicant, who has no criminal history, has been languishing in jail since 01.10.2025 and he 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. 5. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant, however, he does not dispute the aforesaid facts. 6. As per the FIR, applicant is said to have committed penetrative sexual assault on the victim who is his daughter. The victim is aged about nine years as per marksheet of class I and her medico-legal report does not support the allegation of penetrative sexual assault on her. Applicant, who has no criminal history, has been languishing in jail since 01.10.2025. Versus Counsel for Applicant(s) : Virendra Singh Counsel for Opposite Party(s) : G.A. Raj Bahadur @ Guddu .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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 Raj Bahadur @ Guddu 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 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 8, 2026 Madhurima BAIL No. 26274 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad