HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28649 of 2026 Court No. - 68 (Sr. No.11 out of 80 T.C.) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned A.G.A. has informed that notice to the informant has been served on 3.8.2026. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Piyush Tripathi, learned counsel for the applicant, Sri Abhishek Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.82 of 2026, under Sections 65(1) BNS and 3/4(2) POCSO Act, Police Station Kone, District Sonbhadra, 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 allegations made by the victim seems to be false and she seems to be a consenting party as there is no sign of any struggle by her. She is stated to have been disrobed by the applicant. 5. Learned counsel for the applicant has further argued that there is no medical corroboration of the incident either. Even the informant examined during trial has resiled from his earlier statements. As such, there is no likelihood of conviction of the applicant in the present case. The applicant has no criminal history and is in jail since 4.5.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. Versus Counsel for Applicant(s) : Piyush Tripathi Counsel for Opposite Party(s) : G.A. Sikesh Paswan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. Learned A.G.A. has vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that victim seems to be a consenting party and there is no medical corroboration of the incident as well as the fact that informant has not supported the prosecution story during trial, 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. 8. Let the applicant- Sikesh Paswan, be released on bail in the aforementioned case crime 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. 9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 11, 2026 Vikas Verma BAIL No. 28649 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad