HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27031 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Shri Jitendra Kumar, Shri Keshav Hari Dixit and Shri Purushottam Dixit, learned counsel for the applicant and Shri B.P. Maurya, learned A.G.A. for the State and perused the record. At the very outset, learned AGA submits that the notice has been served on the first informant. 3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 118 of 2025, under Sections 70(2), 303(3), 137(2), 317(2) of B.N.S. and Section 5g/6 of POCSO Act, Police Station Rajabpur, District Amroha, during the pendency of the trial. 4. 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 co-accused Viresh Yadav and Indra Pal have already been granted bail by the Co- ordinate Bench of this Court. It is further submitted that the victim has not supported the allegation of rape on her against the applicant and above two co-accused persons in her testimony recorded before the learned trial Court. It is further submitted that the age of the victim has been found to be around 18 years as per ossification test. It is further submitted that the applicant is having no criminal history and the applicant has been Versus Counsel for Applicant(s) : Jitendra Kumar, Keshav Hari Dixit, Purushottam Dixit Counsel for Opposite Party(s) : G.A. Ramsewak .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) languishing in jail since 10.09.2025, in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail. 6. First information report has been lodged against unknown alleging therein that the daughter of the first informant had gone missing and the victim has not stated anything against the applicant and two other co- accused persons in her testimony before the learned trial Court. Co- accused Viresh Yadav and Indra Pal have already been granted bail by the Co-ordinate Bench of this Court. It is further submitted that the age of the victim has been found to be around 18 years as per ossification test and the medico legal report does not support the allegation of commission of rape on her. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 10.09.2025. 7. 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. 8. Accordingly, the present application is ALLOWED. 9. Let the applicant- Ramsewak 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 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 BAIL No. 27031 of 2026 2 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. 12. 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. 13. Office is directed to send a copy of this order to the applicant through Jail Superintendent, Amroha 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. 27031 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad