HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26272 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Vijay Bahadur, Advocate, holding brief of Sri Ravindra Kumar, learned counsel for the applicant, Sri Radhey Shyam, 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. 716 of 2025 under Sections 137(2), 351(4), 64(1), 64(2)(Da), 127, 3(5), 352 BNS and 3/4 POCSO Act registered at Police Station Kairana, District Shamli 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 medico-legal report of the victim does not support the allegation of rape on her. It is further submitted that age of the victim has been found to be 16 years and 9 months as per birth certificate issued by the Municipal Corporation and 16-17 years as per ossification test. It is further submitted that the co-accused Sajid and Sabana @ Subhana @ Bano have already been granted bail by Co-ordinate Bench of this Court vide orders dated 06.5.2026 and 02.7.2026 passed in Criminal Misc. Bail Application Nos. 15188 of 2026 and 21985 of 2026 respectively. It is further submitted that applicant, who has no criminal history, has been languishing in jail since 17.1.2026 and he undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy Versus Counsel for Applicant(s) : Ravindra Kumar Counsel for Opposite Party(s) : G.A. Anuj .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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. opposed the prayer for grant of bail to the applicant and submits that victim is a minor girl and she has stated in her statements recorded under sections 180 and 183 BNSS that applicant committed rape on her. 6. Applicant is not named in the FIR, in which, it is alleged that co-accused Bano is said to have enticed away the daughter of the first informant, however, she has been recovered. The victim has stated in her statements recorded under sections 180 and 183 BNSS that she was enticed away by her aunt and kept in her house where her uncle Sajid committed rape on her, thereafter, she was handed over to the applicant who took her to a house where she was kept for some days and he also committed rape on her after administering some sleeping drugs to her. However, medico-legal report of the victim does not support the allegation of commission of rape on her as no injury has been found on her private part. Applicant, who has no criminal history, has been languishing in jail since 17.1.2026. 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 Anuj 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. BAIL No. 26272 of 2026 2 (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. 26272 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad