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

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 29914 of 2026

Faizan

.....Applicant(s)

Versus State Of U.P. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Sadrul Islam Jafri, Sr. Advocate Counsel for Opposite Party(s): Anubhav Mishra, Dhiraj Singh, G.A.

Court No. - 67

HON'BLE JITENDRA KUMAR SINHA, J.

1 . List revised. Heard Miss Samra Usmani, holding brief of Sri N.I. Jafri, learned Senior counsel for the applicant and Sri Ashish Kumar Tripathi, learned A.G.A. for the State and Sri Anubhav Mishra, learned counsel for the first informant.

2 . The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 75 of 2026, under Sections 137(2), 87, 64(2)M, 65(1) BNS and Sections 5(L)/6 of POCSO Act, Police Station Kuwargaon, District Budaun, during the pendency of the trial.

3 . It is contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case and there are material contradictions in the statement of the victim recorded under Sections 180 and 183 BNSS as she in her statement under Section 180 BNSS has stated that the she had left her home on her free will and had gone with the applicant and the applicant established physical relationship with her on her consent whereas in her statement under Section 183 BNSS she has stated that the applicant and three other persons committed gang rape on her. It is further submitted that the age of the victim has been found to be 13 years and 10 months as per the certificate of school first attended. It is further submitted that the victim has refused to