HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29548 of 2026 Court No. - 68 (Sr. No.40 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 8.8.2026. 2. Heard Sri Saddam Husain, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.280 of 2026, under Sections 65(1) BNS and Section 5/6 POCSO Act, Police Station Kotwali Hata, District Kushinagar, 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 six hours, for which no explanation has been furnished. The victim seems to be a consenting party as is but evident from the circumstances. The victim has stated that her brother reached there and took her home. The victim by her looks seems to be major, but her age has been wrongly mentioned as 15 years. The applicant himself is a 21 years old youth. The applicant has no criminal history and is in jail since 7.6.2026. 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) : Manauvar Husain, Saddam Husain Counsel for Opposite Party(s) : G.A. Shamshad .....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 fact that victim seems to be a consenting party as is evident from the circumstances narrated by her, 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- Shamshad, 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. 29548 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad