RAHUL KUMARversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD

     CRIMINAL MISC. BAIL APPLICATION No. - 37733 of 2025

Rahul Kumar
                                                              .....Applicant(s)
                                   Versus
State Of U.P. And 3 Others
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Applicant(s)         : Indra Deo Mishra, Pankaj Kumar Tiwari
Counsel for Opposite Party(s)    : G.A.

Court No. - 67
                      HON'BLE SAMEER JAIN, J.

1. Notice was issued to the informant on 29.10.2025. Despite service of
notice none present on behalf of informant.

2. Supplementary affidavit filed by the applicant is taken on record.

3. Heard Sri I.D. Mishra, learned counsel for the applicant and Sri R.N.
Srivastava, learned AGA for the State.

4. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 303 of 2025, under Sections 137(2), 87, 65(1)
BNS and Section 5tha/6 POCSO Act, Police Station Chunar, District
Mirzapur during pendency of the trial.

5. Learned counsel for the applicant submits, applicant is innocent and on
the basis of false allegation he has been made accused in the present matter.
He further submits, however, as per statement of victim recorded during
investigation applicant has taken her in his house and kept her for three days
and committed rape upon her but actually applicant and victim both were
having love affair and when this fact was revealed to the informant then FIR
of the present case was lodged and as informant had already lodged FIR of
the present case, therefore, during investigation victim started making
allegation against applicant.

6. He further submits, even from both the statements of victim recorded
during investigation the allegation made against applicant prima facie
appears to be improbable.
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7. He further submits, as per school record victim was about 13 years old but
as per ossification test report her age is between 13-16 years. He further
submits, applicant is also 19 years old, therefore, it is a case of adolescent
love.

8. He further submits, applicant is not having any criminal history and in the
present matter he is in jail since 02.07.2025 i.e. for last more than eight
months.

9. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicant.

10. I have heard learned counsel for the parties and perused the record of the
case.

11. However, victim as per school record appears to be about 13 years old
but as per ossification test report her age was between 15-16 years.

12. Further, victim in her statements recorded under Sections 180 and 183
BNSS however stated that applicant has kept her in his home for three days
and committed rape upon her but prima facie her statements do not appear to
be probable and considering this fact, the defence taken by the applicant in
the instant bail application cannot be ruled out specially considering the fact
that applicant also appears to be 19 years old boy.

13. Further, applicant is not having any criminal history and in the present
matter he is in jail since 02.07.2025 i.e. for last more than eight months.

14. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.

15. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.

16. Let the applicant - Rahul Kumar be released on bail in the aforesaid
case on 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 appear before the trial court on the dates fixed, unless
his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or
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                                    promise to any person acquainted with the facts of the case so as to dissuade
                                    him from disclosing such facts to the Court or any police officer or tamper
                                    with the evidence.

                                    (iii) The applicant shall not indulge in any criminal and anti-social activity.

                                    17. In case of breach of any of the above condition, the prosecution will be
                                    at liberty to move an application before this Court for cancellation of the
                                    bail of the applicant.

                                    18. It is clarified that the observations made herein are limited to the facts
                                    brought in by the parties pertaining to the disposal of bail application and the
                                    said observations shall have no bearing on the merits of the case during trial.

                                    March 18, 2026
                                    AK Pandey
                                                                                                  (Sameer Jain,J.)




Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad