Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28790 of 2026
Court No. - 68 (Sr. No.38 out of 80 T.C.) HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Learned A.G.A. has informed that notice to the informant has been served on 29.7.2026.
2. Heard Sri Anil Kumar, learned counsel for the applicant, 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.251 of 2026, under Sections 64, 351(3) BNS and 3/4 POCSO Act, Police Station Kasganj, District Kasganj, 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 twenty one days and there is no explanation of the said delay caused. There is no sign of any struggle by the victim and there is no medical corroboration of the alleged incident either. The victim by her looks seems to be major, although she is stated to be 17 years old. The applicant himself is a 20 years old youth. The applicant has no criminal history and is in jail since 26.4.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has 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) : Anil Kumar Counsel for Opposite Party(s) : G.A. Gautam .....Applicant(s) State Of U.P. 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 of 21 days in institution of FIR coupled with the fact that there is no medical corroboration of the incident, 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- Gautam, 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 11, 2026 Vikas Verma BAIL No. 28790 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad