HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33300 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned A.G.A., notice to the informant has been served on 8.9.2026. 2. Heard Sri Mohammad Belal, learned counsel for the applicant as well as Sri D.K. Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 300 of 2026, under Sections 376, 506 IPC and 3/4(2) POCSO Act, Police Station Hapur Dehat, District Hapur, 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 evident from her statement recorded under Section 183 B.N.S.S., whereby she has stated that she was in relationship with the applicant for three years but her objection was that applicant was having relationship with three other girls, otherwise, she was the consenting party. The victim, by her physical appearance, seems to be major although she has stated herself to be 17 years. The applicant himself is 22 years old youth. The matter of consensual relationship has been converted to criminal case by the informant. 5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 17.7.2026 and he is ready to cooperate with trial. In case, the applicant is Versus Counsel for Applicant(s) : Mohammad Belal Counsel for Opposite Party(s) : G.A. Deepak .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded u/s 183 BNSS, whereby she seems to be consenting party and without expressing any opinion on the merits of the case, 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- Deepak, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 18, 2026 Shalini BAIL No. 33300 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad