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

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 33321 of 2026

Ritik

.....Applicant(s)

Versus State Of U.P. And 3 Others .....Opposite Party(s) Counsel for Applicant(s) : Gorakh Nath Trivedi, Rajesh Kumar, Sonam Trivedi Counsel for Opposite Party(s) : G.A., Radhey Shyam Yadav

Court No. - 68

HON'BLE KRISHAN PAHAL, J.

1. List has been revised.

1. Heard Sri Gorakh Nath Trivedi, learned counsel for the applicant, Sri Radhey Shyam Yadav, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and perused the material placed on record.

1. Applicant seeks bail in Case Crime No. 13 of 2026, under Sections 137(2), 64(2) BNS and 5/6 POCSO Act, Police Station Pilua, District Etah, during the pendency of trial.

1. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S., whereby she had called the applicant after taking a room on rent at Sonipat and she has married him and has expressed her willingness to live with him. She is stated to be pregnant at this point of time. The applicant is ready to take care of his wife and the foetus in her womb. The victim, by her physical appearance, seems to be major although her age is 15-16 years as per ossification test report. In view of the inherent margin of error in such tests, it is urged that a leverage of two years on the upper side may be granted to the applicant while determining the age of the victim.