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2026 DAILYLAW 6807 (ALL)

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

BAIL/29748/2026 · 2026-09-10

Krishan Pahal

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29748 of 2026 Court No. - 68 (Sr. No.53 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 16.1.2026. 2. Heard Sri Sudhakar Shukla, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.357 of 2024, under Sections 363, 3366, 376(2)(n) I.P.C. and Section 51/6 POCSO Act, Police Station Chakeri, District Kanpur Nagar, 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 but evident from her statement recorded U/s 183 BNSS, whereby she has married the applicant and she has a child of eight months old born out of the said relationship. She has also expressed her willingness to stay with the applicant only. The applicant has no criminal history and is in jail since 13.1.2026. 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 Versus Counsel for Applicant(s) : Sudhakar Shukla Counsel for Opposite Party(s) : G.A. Rohit Kumar .....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 fact that victim is a consenting party as is evident from her statement recorded U/s 183 BNSS, 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- Rohit 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. 29748 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad