Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30704 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ankit Tiwari, learned counsel for the applicant, Ms. Jyoti Agrahari, Advocate, holding brief of Ms. Annapurna Devi, learned counsel for the first informant, 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 137(2), 87, 64(2) BNS and 5/6 POCSO Act registered at Police Station George Town, District Prayagraj during pendency of the trial. 3. 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 entered into matrimonial alliance with the applicant with her consent. It is further submitted that victim is aged about 17 years 3 months as per certificate of class IXth, 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 16.7.2026 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. 5. On the other hand, learned A.G.A. as well as learned counsel for the first informant opposed the prayer for grant of bail to the applicant. 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 was in contact with the applicant for the last four years and she left her home and entered into Versus Counsel for Applicant(s) : Ankit Tiwari Counsel for Opposite Party(s) : Annapurna Devi, G.A. Dinesh Saket .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
matrimonial alliance with the applicant with her consent. She has also stated that she has pregnancy of two months. The victim is aged about 17 years 3 months as per certificate of class IXth, however, there is no certificate of High School or school first attended and no radiological examination has been conducted for determination of her age. Applicant, who has no criminal history, has been languishing in jail since
16.7.2026. 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 Dinesh Saket involved in the aforesaid case crime be released on bail on his furnishing a personal bond 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 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 23, 2026 Madhurima BAIL No. 30704 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad