HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31021 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri S.K. Singh, Advocate, holding brief of Sri Vipin Kumar Singh, learned counsel for the applicant, Sri Uma Shankar Mishra, 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. 191 of 2026 under Sections 137(2), 64(2)M, 352 BNS, 5L/6 POCSO Act registered at Police Station Kotwali Dehat, District Mirzapur 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 on perusal of the statements of the victim recorded under sections 180 and 183 BNSS and other attending facts and circumstances of the case, it appears that physical relationship was established between the victim and the applicant by mutual consent. It is further submitted that victim is aged about 16 years as per certificate of High School and her medico-legal report does not support the allegation of commission of rape on her as no internal injury has been found on her private part. It is further submitted that applicant, who has no criminal history, has been languishing in jail since 30.4.2026 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 16 years as per certificate of High School and she has stated in her statements recorded under sections 180 and 183 BNSS that applicant committed rape on her. Versus Counsel for Applicant(s) : Vipin Kumar Singh Counsel for Opposite Party(s) : G.A. Pankaj Gond .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. As per the FIR, daughter of the first informant aged about 15 years went missing on 21.4.2026 however, she has been recovered. On perusal of the statements of the victim recorded under sections 180 and 183 BNSS and other attending facts and circumstances of the case, it appears that she established physical relationship with the applicant on her own free will. The victim is aged about 16 years as per certificate of High School and her medico-legal report does not support the allegation of commission of rape on her as no internal injury has been found on her private part. Applicant, who has no criminal history, has been languishing in jail since 30.4.2026. 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 Pankaj Gond 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. (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. 31021 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad