HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 40740 of 2025 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Alauddin, learned counsel for the applicant, Ms. Shweta Srivastava, learned counsel for the High Court legal Services Committee and Shri Ashish Kumar Tripathi, learned A.G.A. for the State and perused the record. At the very outset, learned AGA submits that the notice has been served on the first informant. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 95 of 2025, under Sections 64(2)m, 351(3) of B.N.S. and Section 5/6 of POCSO Act, Police Station Shivnagar Didai, District Siddharth Nagar, during the pendency of the trial. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case though there is no incriminating material against him. It is further submitted that on perusal of the statement of the victim recorded under Sections 180 and 183 BNSS, it appears that she was in consensual relationship with the applicant for the last 4 years and the age of the victim has been found to be 17 years and 5 months as per high school certificate on the date of registration of the first information report and she is on the verge of attaining majority. It is further submitted that the applicant has tried his best to enter into matrimonial alliance with the victim, however, the victim is not agreeable to this proposal, therefore, the marriage could not be solemnized and due to some Versus Counsel for Applicant(s) : Sunil Kumar Pandey, Alauddin, Fakhruddin, Jitendra Singh, Mamta Mishra, Surendra Mohan Mishra Counsel for Opposite Party(s) : G.A., Shweta Srivastava Virendra .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) financial distress, the amount of Rs.1,00,000/- could not be deposited in a fixed term in the name of the child. It is further submitted that the applicant is still ready and willing to marry the victim, if she agrees to the said proposal. It is further submitted that the applicant has remained in judicial custody for about 7 months and the applicant is having no criminal history, in case, he 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 High Court Legal Services Committee and learned A.G.A. have vehemently opposed the prayer for bail and it has been submitted by them that the victim is a minor girl aged about 17 years and 5 months as per high school certificate and the applicant has established physical relationship with her on the false promise of marriage, as a result of which, she became pregnant and she has given birth to a child. 5. As per first information report, the applicant is said to have established physical relationship with the victim on the false promise of marriage and the age of the victim has been found to be 17 years and 5 months as per certificate of high school, as a result of which, she became pregnant and she has given birth to a child. It is further submitted that on perusal of the statement of the victim recorded under Sections 180 and 183 BNSS, it appears that she was in consensual relationship with the applicant for the last 4 years and the age of the victim has been found to be 17 years and 5 months as per high school certificate on the date of registration of the first information report. It is further submitted that the applicant has tried his best to enter into matrimonial alliance with the victim, however, the victim is not agreeable to this proposal, therefore, the marriage could not be solemnized and due to some financial distress, the amount of Rs.1,00,000/- could not be deposited in a fixed term in the name of the child. It is further submitted that the applicant is still ready and willing to marry with the victim, if she agrees to the said proposal. It is further submitted that the applicant the applicant has remained in judicial custody for about 7 months and the applicant 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 BAIL No. 40740 of 2025 2 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 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- Virendra 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. BAIL No. 40740 of 2025 3 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. 12. Office is directed to send a copy of this order to the applicant through Jail Superintendent, Siddharth Nagar 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 23, 2026 RKM BAIL No. 40740 of 2025 4 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad