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2026 DAILYLAW 6485 (ALL)

TIRATHPAL v. STATE OF U.P. AND 3 OTHERS

BAIL/28760/2026 · 2026-09-10

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28760 of 2026 Court No. - 68 (Sr. No.35 out of 80 T.C.) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned State Law Officer has informed that notice to the informant has been served on 11.8.2026. 2. Heard Sri Mahendra Singh, learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.337 of 2025, under Sections 65(1) BNS, 3/4(2) POCSO Act, 9/10 of the Child Marriage Restraint Act, 2006 and Section 75 of Juvenile Justice Act, 2015, Police Station Islamnagar, District Budaun, during the pendency of trial. 4. Having heard the learned counsel for the parties and upon perusal of the material available on record, this Court finds that the statement of victim recorded U/s 183 BNSS, prima facie, indicates her consent, as she had accompanied the applicant to Himachal Pradesh and stayed with him. As per ossification test report, the age of the victim is stated to be 19 years. Furthermore, there is no medical corroboration of the alleged incident. 5. In view of the above facts and circumstances of the case and without expressing any opinion on the merits of the case, the Court is, prima facie, of the view that the applicant has made out a case for bail. Accordingly, the bail application is allowed. 6. Let the applicant- Rahul, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to Versus Counsel for Applicant(s) : Mahendra Singh Counsel for Opposite Party(s) : G.A. Tirathpal .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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. 7. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. (Krishan Pahal,J.) September 11, 2026 Vikas Verma BAIL No. 28760 of 2026 2 Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad