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

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 29964 of 2026

Momeen

	Versus		.....Ap	plicant(s)
State Of U.P. And 3 Others			....	.Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Ashok Kumar : G.A.	Kumar Srivastav	Singh Bais, a	Sandeep

Court No. - 67

HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Shri Sandeep Kumar Srivastava, learned counsel for the applicant and Shri Ashish Kumar Tripathi, 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. 115 of 2026, under Sections 64(2), 115(2), 352, 351(2) of B.N.S. and Section 5J(1)/6 of POCSO Act, Police Station Mawana, District Meerut, 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 on perusal of the statement of the victim recorded under Sections 180 and 183 BNSS, it appears that she is a consenting party and she had entered into physical relationship with the applicant on her free consent and she has become pregnant. It is further submitted that the age of the victim as per her statement is 19 years, whereas, the age of the victim has been found to be 17 years and 4 months as per school first attended. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 05.06.2026, in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.