HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30948 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Aushim Luthra, learned counsel for the applicant who has filed supplementary affidavit which is taken on record, Sri Uma Shankar Mishra, learned AGA for the State-respondents and perused the record. 2. At the very outset, learned counsel for the applicant submits that during investigation, section 5j(ii)/6 POCSO Act has been added and bail application of the applicant has been rejected in the aforesaid section by the learned Special Court and he seeks permission to make necessary correction in the prayer clause. 3. Prayer aforesaid is allowed. He is permitted to do so during the course of the day. 4. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 76 of 2026 under Sections 87, 137(2), 65(1) BNS, 3/4, 5j(ii)/6 POCSO Act registered at Police Station Kailadevi, District Sambhal during pendency of the trial. 5. Learned A.G.A. states that notice has been served upon the first informant. 6. It has been argued by learned counsel for the applicant that applicant has been falsely implicated in the present case and the victim in her statements recorded under sections 180 and 183 BNSS has stated that she left her home Versus Counsel for Applicant(s) : Aushim Luthra, Harishchandra Yadav, Utkarshni Singh Counsel for Opposite Party(s) : G.A. Vipin .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) and entered into matrimonial alliance with the applicant on her own free will. It is further submitted that the victim is pregnant by five weeks and three days and she is aged about 14 years and 10 months as per certificate of class VIth, however, there is no certificate of High School or school first attended and no radiological examination has been conducted for determination of her age. It is further submitted that applicant, who has no criminal history, has been languishing in jail since 04.7.2026 and he undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 7. On the other hand, learned A.G.A. opposed the prayer for grant of bail to the applicant and submits that victim is a minor girl aged about 14 years and 10 months and her consent is immaterial. However, he does not dispute the fact that date of birth of the victim has been determined on the basis of certificate of class VIIIth and no radiological examination has been conducted for determination of her age. 8. As per the FIR, applicant is said to have enticed away the daughter of the first informant aged about 15 years, however, she has been recovered. The victim has stated in her statements recorded under sections 180 and 183 BNSS that she left her home and entered into matrimonial alliance with the applicant on her own free will. The victim is found pregnant by five weeks and three days and she is aged about 14 years and 10 months as per certificate of class VIth, however, there is no certificate of High School or school first attended and no radiological examination has been conducted for determination of her age. The victim has herself stated in her statement under section 183 BNSS that she is aged about 18 years. Applicant, who has no criminal history, has been languishing in jail since 04.7.2026 9. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 10. Let the applicant Vipin involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- BAIL No. 30948 of 2026 2 (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 not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. September 17, 2026 Madhurima BAIL No. 30948 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad