Bail application under Sections 70(2), 137(2) BNS and Sections 5G/6 POCSO Act. Court noted delayed FIR, ossification report showing victim's age about 18 years, no external injuries, no corroborative evidence, parity with co-accused granted bail, and over two months' custody. Applicant granted bail with conditions.
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41321 of 2025
Rajnish Jaiswal .....Applicant(s) Versus State Of U.P. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Sunil Kumar Tiwari, Vikash Kumar Tiwari Counsel for Opposite Party(s) : G.A. Court No. - 64
HON'BLE VIVEK VARMA, J.
BAIL No. 41321 of 2025
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prosecution case. Initially the first information report was lodged under Sections 137(2), 125(a) and 125(b) B.N.S. During the course of investigation the allegation of rape has been levelled against the applicant. It is contended that the applicant did not act inappropriately with the victim. According to the ossification test report of the Chief Medical Officer, Deoria, the age of the victim is about 18 years. No external injury was seen at the time of medical examination. At this stage there is no corroborative evidence to link the applicant with the offence. It is next contended that co-accused Ranjeet Vishwakarma has been granted bail by this Court vide order dated 10.12.2025 passed in Criminal Misc. Bail Application No. 36951 of 2025, Ranjeet Vishwakarma v. State of U.P. and others. The applicant claims parity. The applicant is in jail since 30.09.2025 having no criminal history and if he is released on bail, he will not misuse the said liberty.
BAIL No. 41321 of 2025
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December 10, 2025
SKT/-
(Vivek Varma,J.)
Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, accused under Sections 70(2), 137(2) BNS and Sections 5G/6 POCSO Act, should be enlarged on bail during trial.
2 provisions across 2 enactments
Rajnish Jaiswal
State Of U.P.
Vivek Varma
As recorded by the court registry
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