HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30730 of 2026 Court No. - 67 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Yakub Ali, learned counsel for the applicant who has filed supplementary affidavit which is taken on record, Sri O.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. 373 of 2026 under Sections 87, 137(2), 64(1) BNS and 3/4 POCSO Act registered at Police Station Ko Padrauna, District Kushinagar 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 he is neither named in the FIR nor in the statement of the victim recorded under section 180 BNSS. However, for the first time, name of the applicant appears in the statement of the victim recorded under section 183 BNSS in which, she has stated that she was in contact with the applicant for the last one year and he committed rape on her. It is further submitted that age of the victim has been found to be 16 years as per ossification test and 16 years 6 months as per certificate of class VIIth, however, there is no certificate of High School or school first attended. It is further submitted that medico-legal report of the victim does not support the allegation of commission of rape on her. It is further submitted that applicant, who has no criminal history, has been languishing Versus Counsel for Applicant(s) : Yakub Ali Counsel for Opposite Party(s) : G.A. Vishal Yadav .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) in jail since 11.7.2026 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 ossification test and 16 years 6 months as per certificate of class VIIth. 6. FIR has been lodged against unknown alleging therein that daughter of the first informant had gone missing, however, she has been recovered. The applicant is neither named in the FIR nor in the statement of the victim recorded under section 180 BNSS. However, for the first time, name of the applicant appears in the statement of the victim recorded under section 183 BNSS in which she has stated that she was in contact with the applicant for the last one year and he called her and committed rape on her. The victim is aged about 16 years as per ossification test and 16 years 6 months as per certificate of class VIIth, however, there is no certificate of High School or school first attended. Medico-legal report of the victim does not support the allegation of commission of rape on her. Applicant, who has no criminal history, has been languishing in jail since 11.7.2026. 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 Vishal Yadav 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) BAIL No. 30730 of 2026 2 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 23, 2026 Madhurima BAIL No. 30730 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad