HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26872 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. List revised. Heard Sri Sanjay Dwivedi, holding brief of Sri Badree Nath Dubey, learned counsel for the applicant and Sri O.P. Singh, learned A.G.A. for the State and Sri Maheshwari Yadav along with Sri Saroj Kumar Yadav learned counsel for the first informant. Supplementary affidavit filed today is taken on record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 86 of 2026, under Sections 137(2), 87, 64 BNS and Sections 5J(2)/6 of POCSO Act, Police Station Raunapar, District Azamgarh, during the pendency of the trial. 3. It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case and 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 is pregnant. It is further submitted that the age of the victim has been found to be 17 years, 06 months and 27 days as per her certificate of Class 5th, however, there is no High School certificate or the certificate of school first attended and no radio-logical examination of the victim has been conducted for her age determination. It is also submitted that the applicant has been languishing in jail since 4.6.2026 and he is having criminal history of three cases and he is on bail in one case and in two other cases final report has been submitted. It is lastly submitted that in case the applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial Versus Counsel for Applicant(s) : Badree Nath Dubey Counsel for Opposite Party(s) : G.A., Maheshwari Yadav, Saroj Kumar Yadav Sunil Paswan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) proceedings. 4. Per contra, learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail and it is submitted that the applicant is habitual offender of POCSO Act and he indulges in human trafficking. 5. FIR has been lodged after a delay of three days and as per the allegation in the FIR, the applicant is said to have enticed away the daughter of the first informant aged about 17 years, however, the victim in her statement recorded under Sections 180 and 183 BNSS she has stated that she had left her home on her free will and she was in love with the applicant and she is pregnant of five months with the applicant. The age of the victim has been found to be 17 years, 06 months and 27 days as per her certificate of Class 5th, however, there is no High School certificate or the certificate of school first attended and no radio-logical examination of the victim has been conducted for her age determination. The applicant has been languishing in jail since 4.6.2026 and he is having criminal history of three cases and he is on bail in one case and in two other cases final report has been submitted. 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- Sunil Paswan involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with BAIL No. 26872 of 2026 2 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 concerned Jail Superintendent 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 Abhishek BAIL No. 26872 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad