HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29557 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Binod Kumar Tripathi, learned counsel for the applicant, Shri Ajendra Kumar, learned counsel for the first informant and Shri B.P. Maurya, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 147 of 2026, under Sections 137(2), 87, 65(1), 62 of B.N.S. and Section 3/4/18 of POCSO Act, Police Station Kotwali Dehat, District Etah, 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 the victim was recovered on the next day by her father, the first informant and the medico legal report does not support the allegation of commission of rape on her and the same has been conducted 2 days after the alleged incident. It is further submitted that there are material contradictions in the statement of the victim recorded under Sections 180 and 183 BNSS and the age of the victim has been found to be 15-16 years as per ossification test and the age of the victim has been found to be 15 years as per certificate of high school. It is further submitted that the chats of the applicant and the victim have been annexed with the memo of application, which shows that she was in relationship with the applicant. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 27.05.2026, in case, he is granted bail, he will not Versus Counsel for Applicant(s) : Binod Kumar Tripathi Counsel for Opposite Party(s) : Ajendra Kumar, G.A. Abhishek .....Applicant(s) State Of U.P. Through Secretary Home, U.P. At Lucknow And 3 Others .....Opposite Party(s) misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the first informant and learned A.G.A. have vehemently opposed the prayer for bail and it has been submitted by them that the applicant is having criminal history of one case of similar nature with the same victim and the testimony of the victim is going to be recorded today itself. 5. In reply, learned counsel for the applicant submits that subsequent to the present case, another similar case has been lodged against the applicant involving the same victim, in which, the applicant has been granted bail by this Court. 6. As per first information report, the daughter of the first informant is said to have been enticed away by the applicant and 2 other co-accused persons, however, there are material contradictions in the statement of the victim recorded under Sections 180 and 183 BNSS and the age of the victim has been found to be 15-16 years as per ossification test and the age of the victim has been found to be 15 years as per certificate of high school and no external injury has been found on her person. It is further submitted that the chats of the applicant and the victim have been annexed with the memo of application, which shows that she was in relationship with the applicant. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 27.05.2026. 7. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of 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. BAIL No. 29557 of 2026 2 8. Accordingly, the present application is ALLOWED. 9. Let the applicant- Abhishek 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. 12. 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. 13. Office is directed to send a copy of this order to the applicant through Jail Superintendent, Etah 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. BAIL No. 29557 of 2026 3 14. However, the learned trial Court is directed to conclude the trial as expeditiously preferably within a period of one year. September 24, 2026 RKM BAIL No. 29557 of 2026 4 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad