LAL KRISHNAversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 44526 of 2025

Lal Krishna
                                                         .....Applicant(s)
                                 Versus

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

Counsel for Applicant(s)        : Atmaram Nadiwal, Shipra Nadiwal
Counsel for Opposite Party(s)   : G.A.

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

1. Sri R.N.Srivastava, learned AGA apprised the Court that notice has
been served to the informant of the case on 8.12.2025. Despite service of
notice none appeared on behalf of the informant.

2. Heard Sri Atmaram Nadiwal, learned counsel for the applicant and Sri
R.N.Srivastava, learned AGA, for the State.

3. The instant bail application has been filed on behalf of the applicant
with the prayer to release him on bail in Case Crime No.427 of 2025,
under Sections 333,115(2), 352, 351(3), 78 and 70(2) BNS and Section
5G/6 POCSO Act, Police Station Rampur Maniharan, District Saharanpur
during pendency of the trial.

4. Learned counsel for the applicant submits that applicant is innocent
and on the basis of false allegation he has been made accused in the
present matter.

5. He further argued that there is no allegation of rape against the
applicant and victim in her statement recorded under Section 183 BNSS
made allegation of rape against co-accused Lucky.

6. He further submits that victim in her statement under Section 180
BNSS however, made allegation of teasing against the applicant and co-
accused Lucky.

7. He further argued that applicant has been made accused in the present
matter only because he is friend of co-accused Lucky.
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8. He further argued that however, as per the school record victim was
about 14 years of age but as per report of CMO concerned, her age was
about 18 years and, therefore, at this stage it cannot be said that she was
below 18 years of age.

9. He further argued that apart from the present case applicant is not
having any previous criminal history and in the present matter he is in jail
since 6.11.2025, i.e., for the last more than four months.

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

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

12. However, as per school record victim was about 14 years of age but as
per report of CMO concerned, she was about 18 years of age.

13. Further, however, victim in her statement recorded under Section 180
BNSS made allegation of teasing against the applicant and co-accused
Lucky but in her statement recorded under Section 183 BNSS she started
making allegation of rape against co-accused Lucky. Further, she did not
even make allegation of rape against the applicant and according to this
statement co-accused Lucky committed rape upon her.

14. Further, considering the fact that applicant is friend of co-accused the
argument advanced by learned counsel for the applicant with regard to
false implication of the applicant cannot be ruled out at this stage.

15. Further, applicant is not having any previous criminal history to his
credit and in the present matter he is in jail since 6.11.2025, i.e., for the
last more than four months.

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

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

18. Let the applicant-Lal Krishna be released on bail in the aforesaid
case on furnishing a personal bond and two sureties each in the like
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                                    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 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.

                                    19. 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.

                                    20. 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.




                                                                                                (Sameer Jain,J.)
                                    March 18, 2026
                                    SKM




Digitally signed by :-
SHRAVANA KUMAR MISHRA
High Court of Judicature at Allahabad