HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 2457 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Rama Shanker Yadav, learned counsel for the applicant and Sri B.P. Singh, learned A.G.A. for the State and Miss Sandhya Sharma, learned counsel for High Court Legal Services Committee. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 302 of 2025, under Sections 65(1) of BNS and Section 5/6 of POCSO Act, Police Station Didarganj, District Azamgrh, 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 the FIR has been lodged after two days and medico-legal examination of the victim has been conducted after three days of the alleged incident and no injury has been found on her private part and in pathological report no spermatozoa has been found in her vaginal smear. It is further submitted that the age of the victim has been found to be 14 years and 06 months as per her certificate of Class 8th, however, there is no High School certificate or the certificate of school first attended 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 and the FSL report also shows negative report of pregnancy of the victim though initially she was found Versus Counsel for Applicant(s) : Rama Shanker Yadav Counsel for Opposite Party(s) : G.A., Sandhya Sharma Indal Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) pregnant as per urine pregnancy test (UPT). It is also submitted that the applicant has been languishing in jail since 2.11.2025 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. and the learned counsel for High Court Legal Services Committee have vehemently opposed the prayer for bail, however, it is submitted that the the victim is a minor girl aged about 14 years and 06 months as per her certificate of Class 8th and the applicant is her uncle (Mausa) and there is no reason to falsely implicate the applicant. 6. In reply, learned counsel for the applicant submits that the applicant has been falsely implicated in this case because of some inherited property dispute of the wife of the applicant and the mother of the victim as both of them are sisters. 7. As per the allegation in the FIR, the applicant is said to have committed rape on the victim aged about 14 years, however, the age of the victim has been found to be 14 years and 06 months as per her certificate of Class 8th, however, there is no High School certificate or the certificate of school first attended 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 as no injury has been found on her private and no spermatozoa has been found in her vaginal smear. As per compliance report submitted by the learned AGA, FSL report also shows negative report of pregnancy of the victim though initially she was found pregnant as per urine pregnancy test (UPT). It is submitted that the applicant has been falsely implicated in this case due to some property dispute and he has been languishing in jail since 2.11.2025 and he is having no criminal history. 8. 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 BAIL No. 2457 of 2026 2 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. 9. Accordingly, the present application is ALLOWED. 10. Let the applicant- Indal Kumar 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 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. 13. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to BAIL No. 2457 of 2026 3 ensure early release of the applicant. 14. 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 18, 2026 Abhishek BAIL No. 2457 of 2026 4 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad