HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25033 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. No one appeared on behalf of the first informant despite the specific order dated 12.08.2026 passed by the co-ordinate bench of this Court that the case shall not be adjourned in the first round. 2. Heard Sri Vivek Shukla, consel for the applicant, Sri Roshan Kumar Singh, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed with a prayer to release the applicant on bail during trial in Case Crime No. 114 of 2026, under Section 64, 74, 352, 351(3) B.N.S. & Section 3/4 POCSO Act, Police Station Gyanpur, District Bhadohi. 4. Counsel for the applicant submitted that in the FIR as well as in the statement of the victim recorded under Sections 180 and 183 BNSS, the allegation of outraging the modesty of the victim has been made. However, the victim in her statements recorded under Section 180 and 183 BNSS admitted this fact that she was in relationship with the applicant and despite establishing physical relationship the applicant did not marry her. It is further submitted that from the School Certificate of the victim, the victim is 16 years old and as per the ossification test report, the victim is between 18- 20 years of age. It is further submitted that the medical examination report of the victim does not show any mark of injury or any sexual assault It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law Versus Counsel for Applicant(s) : Narendra Deo Shukla, Vivek Shukla Counsel for Opposite Party(s) : G.A., Sandeep Pandey Shani .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) abiding citizen and he is languishing in jail since 04.06.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 5. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties; taking into account the statement of the victim recorded under Section 180 and 183 BNSS, coupled with the medical examination report of the victim and keeping in view the nature of offence, evidence, complicity of accused 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 bail application is allowed. 7. Let the applicant- Shani 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. 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. BAIL No. 25033 of 2026 2 10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded 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. 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 concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode 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 as well as 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. September 23, 2026 CS/- BAIL No. 25033 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad