MANISHversusSTATE OF U.P. AND 3 OTHERS

          HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 31130 of 2026

Manish
                                                                 .....Applicant(s)
                                      Versus

State Of U.P. And 3 Others
                                                                     .....Opposite
                                                                           Party(s)

Counsel for Applicant(s)      : Gaurav Dwivedi,               Kamlesh      Kumar
                                Dwivedi
Counsel for Opposite Party(s) : G.A.

Court No. - 67
                 HON'BLE JITENDRA KUMAR SINHA, J.

1.   Heard    Sri Kamlesh  Kumar Dwivedi, learned counsel for the
applicant, Sri B.P. Maurya, 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. 101 of 2026 under Sections 127(2),
65(1), 352, 351(3) BNS and 3/4 POCSO Act registered at Police Station
Moth, District Jhansi 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
contact with the applicant for the last six months and that she wants to marry
him. It is next submitted that age of the victim has been found to be 17-18
years as per ossification test and 15 years 5 months as per certificate of class
VIth, however, there is no certificate of High School or school first attended,
therefore, the ossification test result shall prevail. It is further submitted that
medico-legal report of the victim does not support the allegation of rape on
her. It is further submitted that applicant, who has no criminal history, has
been languishing in jail since 19.6.2026 and he undertakes that he will not
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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.

6. As per the FIR, applicant is said to have entered into the house of the first
informant in the dead of the night and committed rape on the victim. The
victim in her statements recorded under sections 180 and 183 BNSS has
stated that she was in contact with the applicant for the last six months and
that she wants to marry him. The victim has been found to be aged about 17-
18 years as per ossification test and 15 years 5 months as per certificate of
class VIth, however, there is no certificate of High School or school first
attended, therefore, the ossification test result shall prevail. Medico-legal
report of the victim does not support the allegation of rape on her. Applicant,
who has no criminal history, has been languishing in jail since 19.6.2026.

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 involved in the aforesaid case crime be released
on bail on his furnishing a personal bond of Rs. 50,000/- 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
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                                    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.



                                                                                       (Jitendra Kumar Sinha,J.)
                                    September 18, 2026
                                    Madhurima




Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad