HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31008 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Arvind Kumar Kushwaha along with Ms. Shweta Kesarwani, learned counsel for the applicant, Sri J.P. Singh, 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. 348 of 2026 under Section 65(1) BNS, 5(L)/6 POCSO Act registered at Police Station Chandauli, District Chandauli 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 the victim in her statements recorded under sections 180 and 183 BNSS has stated that she was in relationship with the applicant for the last two years and the applicant had called her to his house for the purpose of marriage. It is further submitted that victim is aged about 15 years as per certificate of class VIIIth, however, there is no certificate of High School or school first attended and no radiological examination has been conducted for determination of her age. It is further submitted that medico-legal report of the victim does not support the allegation of commission of rape on her and the victim has stated before the doctor that she entered into physical relationship with the applicant 2-3 Versus Counsel for Applicant(s) : Abhishek Kumar Kushwaha, Arvind Kumar Kushwaha, Shweta Kesarwani Counsel for Opposite Party(s) : G.A. Manish Bind .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) months ago with mutual consent. It is further submitted that applicant, who has no criminal history, has been languishing in jail since 28.6.2026 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 15 years as per certificate of class VIIIth, however, he does not dispute that there is no certificate of High School or school first attended and no radiological examination has been conducted for determination of her age. 6. As per the FIR, applicant is said to have committed rape on the victim. However, she has stated in her statement recorded under sections 180 BNSS that she was on consensual relationship wit the applicant for the last two years and she was called by the applicant to his house for the purpose of marriage. the victim has stated in her statement under section 183 BNSS that physical relationship was established between her and the applicant 2-3 months ago with mutual consent. She has also stated the said fact before the doctor who conducted her medico-legal examination. The victim is aged about 15 years as per certificate of class VIIIth, however, there is no certificate of High School or school first attended and no radiological examination has been conducted for determination of her age and her medico-legal examination does not support the allegation of commission of rape on her. Applicant, who has no criminal history, has been languishing in jail since 28.6.2026. 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 Manish Bind 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 BAIL No. 31008 of 2026 2 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. 31008 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad