HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30936 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Chandra Prakash Misra, 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. 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. 40 of 2026 under Sections 87, 137(2), 64(1) BNS, 5L/6 POCSO Act registered at Police Station Pipiganj, District Gorakhpur 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 left her home on her own free will and she was living with the applicant in a live-in relationship and physical relationship was established between them by mutual consent. It is further submitted that age of the victim has been found to be 16 years and 7 months as per certificate of class IVth, 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 the victim has refused to undergo medico-legal examination. It is further submitted that applicant, who has criminal history Versus Counsel for Applicant(s) : Chandra Prakash Misra, Prakash Sharma Counsel for Opposite Party(s) : G.A. Vivek Kumar Chauhan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) of two cases, has been languishing in jail since 03.6.2026 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. 5. 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 16 years and 7 months as per certificate of class IVth and her consent is immaterial. 6. As per the FIR, applicant is said to have enticed away the daughter of the first informant aged about 16 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 on her own free will and she was living with the applicant in a live-in relationship and physical relationship was established between them by mutual consent. The victim has been found to be aged about 16 years and 7 months as per certificate of class IVth, 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 refused to undergo medico-legal examination. Applicant, who has criminal history of two cases, has been languishing in jail since 03.6.2026. 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 Vivek Kumar Chauhan 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 BAIL No. 30936 of 2026 2 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. 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 17, 2026 Madhurima BAIL No. 30936 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad