HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33316 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 10.9.2026. 2. Heard Sri Monu Upadhyay, learned counsel for the applicant, Sri R.K. Upadhyay, learned counsel for the informant as well as Sri A.K. Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 301 of 2026, under Sections 137(2), 87, 65(1) BNS and 3/4 POCSO Act, Police Station Kotwali Padrauna, District Kushinagar, 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 but evident from her statement recorded under Section 183 B.N.S.S., whereby she has stated that she was in love with the applicant for one year and she had gone with him to Gorakhpur and thereupon to Hyderabad and married him. The victim, by her physical appearance, seems to be major although she has stated herself to be 15 years old. The applicant himself is 18 years old youth. 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 29.6.2026 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Monu Upadhyay Counsel for Opposite Party(s) : G.A. Ankur Chauhan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that the girl was minor. 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- Ankur Chauhan, 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. 33316 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad