HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32126 of 2025 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Shiv Nath Singh, Senior counsel assisted by Sri Yadvendra Krishan, learned counsel for the applicant, Sri Bhupendra Pal Singh, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 07 of 2025, under Sections 137(2), 351(2), 64 BNS and Section 3/4 Protection of Children from Sexual Offences (POCSO) Act, 2012, Police Station- Dholana, District Kasganj. 3. As per prosecution story, the victim left her house along with her friend Bhedvati. However, after two days, Bhedvati returned back to her house but the victim did not return. Thereafter FIR was lodged and victim was recovered. The victim in her statement recorded under Sections 180 and 183 BNSS, admitted this fact that she was in relationship with the applicant and she herself left her house and also established physical relation with the applicant but subsequently she came to know that the applicant is married. 4. Contention of learned counsel for the applicant is that the applicant was not named in the FIR. Subsequently his name was surfaced in the statement of victim, who is about 18 years (17 years, 11 months and 30 days) and she herself left her house along with the applicant as she is in relationship with the applicant. Even medical examination of the victim does not show any mark of injury or sign of sexual assault, therefore the applicant has been falsely implicated by the parents of the victim after knowing that the applicant and victim were in relationship. It is lastly submitted that charge Versus Counsel for Applicant(s) : Surya Bhan Singh, Yadvendra Krishan Counsel for Opposite Party(s) : G.A. Chhavikant Gautam Alias Chhavi .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has explained the criminal history of one case in the accompanying affidavit and he is languishing in jail since 22.06.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the age of the victim as well as statement recorded under Section 180 and 183 BNSS; coupled with the medical examination of the victim and keeping in view the nature of offence, evidence, complicity of 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. Accordingly, the present application is allowed. 7. Let the applicant- Chhavikant Gautam @ Chhavi 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. BAIL No. 32126 of 2025 2 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 10. Verification of mobile number as well as Aadhaar Card of the applicant and sureties should also be conducted by the court concerned. 11. It is made clear that the applicant shall be released on the basis of downloaded copy of this order from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is 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. 13. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal and Trial Court via e-mode within 24 hours in compliance of the orders 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 as well as in the case of Pila Pahan @ Peela Pahan and others vs State of Jharkhand and another, in Writ Petition (Criminal) No.169 of 2025 decided on 29.05.2026. 14. Application, if any, stands disposed of. September 24, 2026 A.Kr. BAIL No. 32126 of 2025 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad