HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31130 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the applicant, Sri B.P. Maurya, learned AGA for the State-respondents and perused the record. 2. 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. 101 of 2026 under Sections 127(2), 65(1), 352, 351(3) BNS and 3/4 POCSO Act registered at Police Station Moth, District Jhansi during pendency of the trial. 3. At the very outset, learned A.G.A. states that notice has been served upon the first informant. 4. 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 was in contact with the applicant for the last six months and that she wants to marry him. It is next submitted that age of the victim has been found to be 17-18 years as per ossification test and 15 years 5 months as per certificate of class VIth, however, there is no certificate of High School or school first attended, therefore, the ossification test result shall prevail. It is further submitted that medico-legal report of the victim does not support the allegation of rape on her. It is further submitted that applicant, who has no criminal history, has been languishing in jail since 19.6.2026 and he undertakes that he will not Versus Counsel for Applicant(s) : Gaurav Dwivedi, Kamlesh Kumar Dwivedi Counsel for Opposite Party(s) : G.A. Manish .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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. 5. On the other hand, learned A.G.A. opposed the prayer for grant of bail to the applicant. 6. As per the FIR, applicant is said to have entered into the house of the first informant in the dead of the night and committed rape on the victim. The victim in her statements recorded under sections 180 and 183 BNSS has stated that she was in contact with the applicant for the last six months and that she wants to marry him. The victim has been found to be aged about 17- 18 years as per ossification test and 15 years 5 months as per certificate of class VIth, however, there is no certificate of High School or school first attended, therefore, the ossification test result shall prevail. Medico-legal report of the victim does not support the allegation of rape on her. Applicant, who has no criminal history, has been languishing in jail since 19.6.2026. 7. 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. 8. Let the applicant Manish 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 :- (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 BAIL No. 31130 of 2026 2 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 18, 2026 Madhurima BAIL No. 31130 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad