HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13098 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Lalit Srivastava, Advocate, holding brief of Sri Prakash Srivastava, learned counsel for the applicant, Sri Ashish Kumar Tripathi, learned AGA for the State-respondents and perused the record. 2. Names of Sri Mahesh Kumar Kuntal, Ms. Mahima Sahai, Ms. Snehlata Singh and Sri Surendra Mohan Sharma appear in the cause list as counsel for the first informant but none of them is present today. 3. Same was the state of affairs when the matter was last taken up on 16.9.2026 and the matter was directed to be listed for today peremptorily. 4. 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. 36 of 2026 under Sections 137(2), 65(1), 351(3) BNS and 3/4(2) POCSO Act registered at Police Station Highway, District Mathura during pendency of the trial. 5. It has been argued by learned counsel for the applicant that applicant has been falsely implicated in the present case and medico-legal report of the victim does not support the allegation of commission of rape on her though the same has been conducted three days after the incident. It is further submitted that victim is aged about 14 years and 5 months as per school Versus Counsel for Applicant(s) : Prakash Kumar Shrivastava, Vivek Tripathi Counsel for Opposite Party(s) : G.A., Mahesh Kumar Kuntal, Mahima Sahai, Snehlata Singh, Surendra Mohan Sharma Deepak .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) records of class VIIth, 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 12.1.2026 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. 6. 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 14 years and 5 months as per school records of class VIIth and she has categorically stated that the applicant took her to a hotel and committed rape on her. 7. As per the FIR, applicant is said to have committed rape on the victim aged about 13 years. The victim has stated in her statements recorded under sections 180 and 183 BNSS that applicant took her to a hotel where he committed rape on her, however, medico-legal report of the victim does not support the allegation of commission of rape on her though the same has been conducted three days after the incident. No injury has been found on her private part and her urine pregnancy test has been found to be negative and the doctor has opined no suggestive signs of recent intercourse. The victim is aged about 14 years and 5 months as per school records of class VIIth, 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 12.1.2026 8. 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. 9. Let the applicant Deepak 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 BAIL No. 13098 of 2026 2 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. 13098 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad