HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28309 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Vakalatnama filed by Sri Ankit Agarwal, learned Advocate, on behalf of the first informant in the Court today is taken on record. The counter affidavit filed on behalf of the State is also taken on record and, in reply thereto, learned counsel for the applicant does not propose to file any rejoinder affidavit. 2. Heard Sri Mohammad Zakir, learned counsel for the applicant, Sri Ankit Agarwal, learned counsel for the first informant, 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 in Case Crime No. 310 of 2026, under Sections 137, 125, 70(2), 351(3) B.N.S. and Section 5G/6 P.O.C.S.O. Act, Police Station Kotwali Dehat, District Bulandshahr, during the pendency of the trial. 4. Contention of learned counsel for the applicant is that an FIR was lodged by the father of the victim regarding the disappearance of the victim, but there are serious contradictions and vagueness in the statements of the victim recorded under Sections 180 and 183 BNSS, and the medical examination report of the victim does not show any mark of injury or any kind of sexual assault. It is further submitted that the correct fact is that the victim was in a relationship with the applicant and, after twelve days of the incident, she returned to her home. It is further submitted that the applicant has no criminal history. It is also submitted Versus Counsel for Applicant(s) : Mohammad Zakir Counsel for Opposite Party(s) : G.A. Shuaib .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) that the charge-sheet has been filed in the present case; therefore, there is no requirement for custodial interrogation. The applicant is a law-abiding citizen and has been languishing in jail since 17.05.2026. 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, the contradictions in the statements of the victim recorded under Sections 180 and 183 BNSS, coupled with the medical examination report of the victim, and keeping in view the nature of the offence, evidence, complicity of the accused, as well as the overcrowded jails and heavy pendency of criminal cases before the trial courts, and also considering the mandate of the judgment 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 the guidelines of this Court in the case of Maya Tiwari Vs. State of U.P., 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. Accordingly, the present application is allowed. 7. Let the applicant- Shuaib, 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 BAIL No. 28309 of 2026 2 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. 10. Verification of mobile number and Aadhaar card of the applicant as well as sureties should be verified by the court concerned. 11. 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. 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, Bulandshahr 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. 14. Application, if any, stands disposed of. September 23, 2026 SA BAIL No. 28309 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SALMAN ALI High Court of Judicature at Allahabad