HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 5981 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri M.P. Yadav, learned counsel for the applicant and Sri Shiv Dutt Shukla, learned A.G.A. for the State and Miss Babita Saxena, learned counsel for High Court Legal Services Committee. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 342 of 2025, under Sections 65(2), 61(2), 352, 351(3) of BNS and Section 5J(ii)/5L/5M/6 of POCSO Act, Police Station Kopaganj, District Mau, during the pendency of the trial. 3. At the very outset, learned AGA submits that notice has been served on the first informant. 4. It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is next submitted that the alleged incident is said to have taken place on 14.2.2025 and the marriage of the applicant and the victim was solemnized on 1.9.2025 and thereafter the victim gave birth to a child on 15.10.2025 and after birth of the child, present FIR has been lodged. It is next submitted that there is no educational record of the victim regarding her age and her age has been determined on the basis of her Aadhar Card which is not admissible document in POCSO cases and no radio-logical Versus Counsel for Applicant(s) : Chandra Bhan Yadav, Mahesh Prasad Yadav, Udai Shankar Chauhan Counsel for Opposite Party(s): Babita Saxena, G.A. Shah Alam .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) examination of the victim has been conducted for her age determination. It is further submitted that on perusal of the FIR, it appears that present case relates to matrimonial dispute and DNA report has been obtained by the State which indicates that the applicant is the biological father of the child of the victim. It is also submitted that the applicant has been languishing in jail since 16.11.2025 and he is having no criminal history. It is lastly submitted that in case the applicant 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. and the learned counsel for the High Court Legal Services Committee have vehemently opposed the prayer for bail, however, it is submitted that the the victim is a minor girl aged about 13 years as per her Aadhar Card and she has been subject to rape by the applicant on 14.2.2025 and the victim gave birth to a child on 15.10.2025 and the applicant is the biological father of the child of the victim as per report of DNA sample. 6. FIR has been lodged after a considerable delay and as per the allegation in the FIR, the applicant is said to have committed rape on the victim on 14.2.2025 and thereafter the marriage of the applicant and the victim was solemnized on 1.9.2025 and the victim gave birth to a child on 15.10.2025 and FIR has been lodged on 16.11.2025. There is no educational record of the victim regarding her age and her age has been determined on the basis of her Aadhar Card and as per Aadhar Card she is aged about 13 years, however, no radio-logical examination of the victim has been conducted for her age determination. The applicant has been languishing in jail since 16.11.2025 and he is having no criminal history. 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 BAIL No. 5981 of 2026 2 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. 8. Accordingly, the present application is ALLOWED. 9. Let the applicant- Shah Alam 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. BAIL No. 5981 of 2026 3 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 concerned Jail Superintendent 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. September 23, 2026 Abhishek BAIL No. 5981 of 2026 4 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad