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2026 DAILYLAW 6632 (ALL)

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

BAIL/29828/2026 · 2026-09-10

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29828 of 2026 Court No. - 68 (Sr. No.65 out of 80 T.C.) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Dinesh Singh, learned counsel for the applicant, Sri Jawahir Yadav, learned counsel for the informant, 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.246 of 2026, under Sections 64(2), 137(2) B.N.S. and Section 5L/6 P.O.C.S.O. Act, Police Station Kotwali Dehat, District Saharanpur, 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 victim is a consenting party, as is evident from her statement recorded under Section 183 B.N.S.S. She has denied being subjected to any sexual assault by the applicant. She, by her looks, seems to be major, although she has mentioned herself to be 17 years old in her statement recorded under Section 183 B.N.S.S. The applicant has no criminal history and is in jail since 14.07.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 6. Considering the facts and circumstances of the case, submissions made by Versus Counsel for Applicant(s) : Dinesh Singh, Sarvesh Yadav Counsel for Opposite Party(s) : Jawahir Yadav, G.A., Manish Yadav Ikhlak .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 183 BNSS, which indicates her consent, 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- Ikhlak, be released on bail 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 (Ravi Kant) BAIL No. 29828 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad