HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31014 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Samrat Vikram Singh, learned counsel for the applicant, Sri Radhey Shyam, 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. 115 of 2026 under Sections 137(2), 87, 64(2), 351(3), 352 BNS, 3/4 POCSO Act registered at Police Station Bilariyaganj, District Azamgarh during pendency of the trial. 3. At the very outset, learned A.G.A. states that notice has been served upon the first informant. 4. It has been argued by learned counsel for the applicant that applicant has been falsely implicated in the present case and there are material contradictions in the statements of the victim recorded under sections 180 and 183 BNSS. It is further submitted that the victim in her statement recorded under sections 180 BNSS has stated that she left her home and eloped with the applicant on her own free will whereas in her statement under section 183 BNSS, she has stated that applicant established physical relationship with her on false promise of marriage for the last five years. It is further submitted that victim is aged about 17 years and 8 months as per certificate of High School and her medico-legal report does not support the allegation of commission of rape on her. It is further submitted that applicant Versus Counsel for Applicant(s) : Brajesh Kumar Solanki, Samrat Vikram Singh Counsel for Opposite Party(s) : G.A. Ashutosh Dubey @ Vishal Dubey .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) has criminal history of two cases in which he is on bail. It is further submitted that applicant has been languishing in jail since 07.6.2026 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. opposed the prayer for grant of bail to the applicant and submits that victim is a minor girl aged about 17 years and 8 months as per certificate of High School. 6. As per the FIR, applicant is said to have enticed away the daughter of the first informant aged about 18 years, however, she has been recovered. However, there appears to be material contradictions in the statements of the victim recorded under sections 180 and 183 BNSS. The victim is aged about 17 years and 8 months as per certificate of High School and her medico- legal report does not support the allegation of commission of rape on her. Applicant has criminal history of two cases in which he is on bail and he has been languishing in jail since 07.6.2026. 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 Ashutosh Dubey @ Vishal Dubey 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. BAIL No. 31014 of 2026 2 (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 24, 2026 Madhurima BAIL No. 31014 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad