HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27030 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Sanskar Gaur, learned counsel for the applicant, Shri Jitendra Singh, learned counsel for the first informant and Shri O.P. Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 150 of 2026, under Sections 137(2), 87, 352, 351(2), 64(1) of B.N.S. and Section 5/6 of POCSO Act, Police Station Mundapandey, District Moradabad, during the pendency of the trial. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case though there is no incriminating material against him. It is further submitted that on perusal of the statement of the victim recorded under Sections 180 and 183 BNSS, it appears that she is a consenting party and she had entered into matrimonial alliance with the applicant with her free consent. It is further submitted that earlier the victim was married to the first informant Anuj Kumar and the first informant has also been made as accused and he has already been granted bail by this Court vide order dated 21.08.2026 passed in Criminal Misc. Bail Application No.27538 of 2026. It is further submitted that the age of the victim has been found to be 16 years and 21 days as per school leaving certificate of Class VIII, however, there is no certificate of high school or certificate of school first attended. It is further submitted that the medico legal report does not support the allegation of commission rape on her and no radio-logical examination has been conducted for her age determination. It is further submitted that the applicant is having no criminal history and the Versus Counsel for Applicant(s) : Sanskar Gaur Counsel for Opposite Party(s) : G.A., Jitendra Singh Shivam .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) applicant has been languishing in jail since 02.06.2026, in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail and it has been submitted by them that the victim is a minor girl aged about 16 years and 21 days as per school leaving certificate of Class VIII. 5. As per first information report, the wife of the first informant the victim is said to have been enticed away by the applicant and some unknown person and the age of the victim has been found to be 16 years and 21 days as per certificate of Class VIII, however, there is no certificate of high school or certificate of school first attended. It is further submitted that on perusal of the statement of the victim recorded under Sections 180 and 183 BNSS, it appears that she was in consensual relationship with the applicant and she had entered into matrimonial alliance with the applicant and earlier she was married to the first informant. It is further submitted that the medico legal report does not support the allegation of commission rape on her and no radio-logical examination has been conducted for her age determination. Co- accused Anuj Kumar has already been granted bail by this Court vide order dated 21.08.2026 passed in Criminal Misc. Bail Application No.27538 of 2026. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 02.06.2026. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the 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. 7. Accordingly, the present application is ALLOWED. 8. Let the applicant- Shivam involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in BAIL No. 27030 of 2026 2 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 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. It is further 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. 12. Office is directed to send a copy of this order to the applicant through Jail Superintendent, Moradabad via e-mail or e-prison portal within 24 hours in compliance of the order 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. September 14, 2026 RKM BAIL No. 27030 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad