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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29714 of 2026
Court No. - 68 (Sr. No.44 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 16.8.2026.
2. Heard Sri Avanish Kumar Upadhyay, Advocate holding brief of Sri Vinod Kumar, learned counsel for the applicant, Sri Uma Shankar Mishra, learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No.660 of 2026, under Sections 137(2), 87, 65(1), 351(2) BNS and 3/4 POCSO Act, Police Station Majhola, District Moradabad, 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 stated that she had gone with the applicant all the way to Ambala and stayed with him as his wife. The victim is major aged about 19 years as per her own statement recorded U/s 183 BNSS. The applicant himself is a youth of 20 years old. The applicant has no criminal history and is in jail since 28.6.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A./State Law Officer has 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) : Nagesh Dwivedi, Sunil Kumar Mishra, Vinod Kumar Counsel for Opposite Party(s) : G.A. Jatin .....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 fact that victim is major and she 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- Jatin, 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. 29714 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad