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

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 29963 of 2026

Sachin

	Versus	.....Applicant(s)
State Of U.P. And 3 Others		.....Opposite Party(s)
Counsel for Applicant(s)		: Mohammad Zakir
Counsel for Opposite Party(s)		: G.A.

Court No. - 67

HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Shri Mohammad Zakir, learned counsel for the applicant and Shri O.P. Singh, 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. 87 of 2026, under Sections 137(2), 65(1) of B.N.S. and Section 3/4(2) of POCSO Act, Police Station Syana, District Bulandshahr, 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 there are material contradictions in the statement of the victim recorded under Sections 180 and 183 BNSS as the victim in her statement recorded under Section 180 BNSS has stated that she had left her home on her own free will and she was in contact with the applicant and lived with him as a married couple and physical relationship was established between them by mutual consent, whereas, the victim in her statement recorded under Section 183 BNSS has stated that the applicant took her away in a vehicle and committed rape on her. It is further submitted that the age of the victim has been found to be 13 years and 4 months as per school records of Class VII, however, there is no certificate of high school or certificate of school first attended and no radio-logical examination has been