Sahib v. State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 27430 of 2026

Sahib

	Versus	.....Applicant(s)
State Of U.P. And 3 Others		.....Opposite Party(s)
Counsel for Applicant(s)	:	Avinash Pandey
Counsel for Opposite Party(s)	:	G.A., Manoj Kumar Mishra

Court No. - 64

HON'BLE VIVEK VARMA, J.

1. Heard learned counsel for the applicant, Sri N.K. Sharma, learned A.G.A. for the State and Sri Manoj Kumar Mishra, counsel for the informant. Perused the record.

1. The present bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 225 of 2026, under Sections 137(2), 65(1) B.N.S., and 3/4(2) POCSO Act, Police Station- Mandi, DistrictSaharanpur during pendency of the trial.

1. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 11.5.2026, whereas the first information report was lodged on 14.5.2026. The delay in lodging the first information report is fatal to the prosecution case. The victim is a major. The age of the victim was incorrectly got registered in the school records by the victim's parents to give her advantage in life. There is no lawful basis for the age related entry of the victim in the school records. As per the report of Chief Medical Officer, Saharanpur dated 22.5.2026 the victim was found aged 19 years. Further, t he victim in her statements under Sections 180 and 183 B.N.S.S. stated that she left her house voluntarily and had gone to the applicant's place and established relations with him. There is no allegation of any forceful assault against the applicant. The criminal history of the applicant has been explained in para 19 of the bail application. The applicant is in jail since 24.5.2026. In case he is enlarged on bail, he will not misuse the said liberty.