HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29944 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. List revised. Heard Sri Janardan Yadav, learned counsel for the applicant and Sri Ashish Kumar Tripathi, learned A.G.A. for the State and Sri Rajesh Kumar Yadav, learned counsel for the first informant. Supplementary affidavit filed today is taken on record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 120 of 2026, under Sections 70(1), 351(3) BNS, Police Station Jahanaganj, District Azamgarh, during the pendency of the trial. 3. 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 prior to the lodging of the present FIR, an application was given by the grandfather of the victim alleging therein that some incident took place on 28.5.2026 and on that application three more accused persons were named, however, no FIR has been lodged on the basis of said application. It is submitted that as per FIR the applicant and five other persons are said to have committed gang rape on the victim aged about 18 years, however, medico-legal report of the victim does not support the commission of rape on her as no injury has been found on her private part. It is further submitted that the victim appeared before the trial Court for examination and the prosecutor was not ready to get her examined, then she filed an application before the trial Versus Counsel for Applicant(s) : Janardan Yadav Counsel for Opposite Party(s) : G.A., Rajesh Kumar Yadav Atish Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) Court stating therein that the applicant and other co-accused persons are innocent and the said applicant has been filed along with supplementary affidavit. It is also submitted that the applicant has been languishing in jail since 1.6.2026 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. 4. Per contra, learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail but could not dispute the aforesaid facts, however, it is submitted that as per the contents of the FIR as well as the statement of the victim recorded under Sections 180 and 183 BNSS, the applicant and five other co- accused persons committed gang rape on the victim. 5. FIR has been lodged after two days and the alleged incident took place on 29.5.2026 and the FIR has been lodged on 31.5.2026 and victim has been medico-legally examined on 1.6.2026. Prior to the lodging of the FIR, an application was filed by the grandfather of the victim before the police station alleging therein six named persons of the present case and three more persons altogether nine persons committed gang rape on the victim on 28.5.2026, however, no FIR has been lodged on the basis of said application. Medico-legal report of the victim does not support the allegation of rape as no injury has been found on her private part though some injury has been found on her elbow joint. The applicant has been languishing in jail since 1.6.2026 and he is having no criminal history. 6. 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 BAIL No. 29944 of 2026 2 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. 7. Accordingly, the present application is ALLOWED. 8. Let the applicant- Atish 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. 11. 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. BAIL No. 29944 of 2026 3 12. 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. 29944 of 2026 4 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad