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2026 DAILYLAW 6689 (ALL)

DINESH KUMAR v. STATE OF U.P. AND 3 OTHERS

BAIL/28736/2026 · 2026-09-10

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28736 of 2026 Court No. - 68 (Sr. No.28 out of 80 T.C.) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Piyush Tripathi, learned counsel for the applicant, Sri Uma Shankar Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.492 of 2026, under Sections 64(2)(M), 65(1), 87 BNS and Section 3/4(2), 5L/6 POCSO Act, Police Station Robertsganj, 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 victim seems to be a consenting party as is evident from the circumstances mentioned by her in her statement recorded u/s 183 BNSS. The victim by her looks seems to be major, although she is stated to be 14 years old. The applicant himself is a youth of 21 years old. The applicant has no criminal history and is in jail since 11.6.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. 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. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into Versus Counsel for Applicant(s) : Piyush Tripathi Counsel for Opposite Party(s) : G.A. Dinesh Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) consideration the fact that victim seems to be a consenting party as is evident from the circumstances narrated by her, 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- Dinesh Kumar, 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. 8. 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. 28736 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad