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

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 29930 of 2026

Avneesh		.....Applicant(s)
	Versus
State Of U.P. And 3 Others		.....Opposite Party(s)
Counsel for Applicant(s)	:	Ravi Shankar Tripathi
Counsel for Opposite Party(s)	:	G.A.

Court No. - 67

HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Shri Ravi Shankar Tripathi, learned counsel for the applicant and Shri B.P. Maurya, learned A.G.A. for the State and perused the record. At the very outset, learned AGA submits that the notice has been served on the first informant.

2 . The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 104 of 2026, under Sections 137(2), 87, 65(2) of B.N.S. and Sections 5(j)(ii)/6 of POCSO Act, Police Station Wazirganj, District Budaun, during the pendency of the trial.

3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case though there is no incriminating material against him. It is further submitted that the victim in her statement recorded under Sections 180 and 183 BNSS has stated that she had left her home on her own free will and she had entered into matrimonial alliance with the applicant with her free consent. It is further submitted that the age of the victim has been found to be 18 years as per ossification test and the age of the victim has been found to be 15 years as per certificate of Class VII, however, there is no certificate of high school or certificate of school first attended. It is further submitted that the medico legal report does not support the allegation of commission rape on her. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 14.07.2026, in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in