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2026 DAILYLAW 6750 (ALL)

ROSHAN KUMAR v. STATE OF UP AND 3 OTHERS

BAIL/29863/2026 · 2026-09-10

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29863 of 2026 Court No. - 68 (Sr. No.67 out of 80 T.C.) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Lackey Keshari, learned counsel for the applicant, Sri Neelesh Kumar Mishra, learned counsel for the informant, Sri Uma Shanker Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.202 of 2026, under Sections 64(2)(m), 351(3), 352 B.N.S. and Section 5(l)/6 of P.O.C.S.O. Act, Police Station Syadraja, District Chandauli, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and had later on refused to comply with the said promise. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The applicant is ready to marry the victim. The victim, by her looks, seems to be major. As per the high-school certificate, her date of birth is 07.06.2008, although by that date also, she comes out to be major. The applicant has no criminal history and is in jail since 26.06.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. 6. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. Versus Counsel for Applicant(s) : Lackey Keshari Counsel for Opposite Party(s) : G.A., Neelesh Kumar Mishra Roshan Kumar .....Applicant(s) State Of Up And 3 Others .....Opposite Party(s) 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that there being no clinching evidence to suggest that the applicant misled the victim from the beginning, 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- Roshan Kumar, 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. 29863 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad