HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27045 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Abhishek Singh, holding brief of Sri Sandeep Mishra, learned counsel for the applicant and Sri B.P. Maurya, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 606 of 2025, under Sections 137(2), 65(1), 115(2), 352 of BNS and Section 5/6 of POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station Surajpur, District Gautam Buddha Nagar, during the pendency of the trial. 3. At the very outset, learned AGA submits that notice has been served on the first informant. 4. It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case and FIR has been lodged after a delay of 20 days and from the conduct of the victim and other attending facts and circumstances of the, it appears that she was in consensual relationship with the applicant It is further submitted that there are two conflicting records of date of birth of the victim and the I.O. has found her date of birth as 1.1.2008, however, another document which is said to be document of school first attended is 3.4.2011 and no radio- logical examination of the victim has been conducted for her age determination. It is further submitted that the medico-legal report of the victim does not support the commission of rape on her. It is also submitted that the applicant has been languishing in jail since 1.12.2025 Versus Counsel for Applicant(s) : Sandeep Mishra Counsel for Opposite Party(s) : G.A. Vishnu Dayal @ Chhotu .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) and he is having no criminal history. It is lastly submitted that in case the applicant is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail, however, it is submitted that the the victim is a minor girl aged about 14 years and 05 months as per the school record of first attended. 6. Initially a report of missing of the victim has been lodged by the first informant alleging therein her daughter had gone missing, however, after 20 days of lodging of the missing report, first informant has lodged an FIR alleging therein that she came to know from the marks-sheet of the victim that she is aged about 15 years and the applicant has enticed away his daughter. The I.O. has found the date of birth of the victim as 1.1.2008, however, late on her date of birth has been found to be 3.4.2011 as per the record of school first attended and and no radio-logical examination of the victim has been conducted for her age determination. The medico-legal report of the victim does not support the commission of rape on her. The applicant has been languishing in jail since 1.12.2025 and he is having no criminal history. 7. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 8. Accordingly, the present application is ALLOWED. 9. Let the applicant- Vishnu Dayal @ Chhotu involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the BAIL No. 27045 of 2026 2 court concerned, with the following conditions:- (i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (ii) The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. (iv) The applicant shall attend in accordance with the conditions of the bond executed by him. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 13. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. September 14, 2026 Abhishek BAIL No. 27045 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad