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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29708 of 2026
Court No. - 68 (Sr. No.42 out of 80 T.C.) HON'BLE KRISHAN PAHAL, J.
1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
2. Heard Sri Atharva Dixit, learned counsel for the applicant, Sri Ashish Kumar, Advocate holding brief of Sri Shailendra Singh, learned counsel for the informant as well as 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.252 of 2026, under Sections 65(1), 351(3) BNS and Section 5L/6 POCSO Act, Police Station Premnagar, District Jhansi, 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 FIR is delayed by about two months and there is no explanation of the said delay caused. There is no recovery of any indecent photograph from the applicant. The victim by her looks seems to be major, and the applicant himself is a youth of 19 years old. The applicant has no criminal history and is in jail since 12.4.2026. 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 the submissions raised by the
learned counsel for the applicant could not be disputed. Versus Counsel for Applicant(s) : Abhisht Jaiswal, Atharva Dixit Counsel for Opposite Party(s) : G.A., Shailendra Singh Harsh Shrivas .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the delay of two months in institution of FIR, coupled with the fact that no any indecent photograph has been recovered from the applicant, 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- Harsh Shrivas, 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. 29708 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad