BAIL/14201/2026 of SONU @ AJAY KUMAR Vs STATE OF U.P. AND 3 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14201 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Rayoof Ali, learned counsel for the applicant, and Shri Ashish Kumar Tripathi, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer to release him on bail in Case Crime No.14 of 2026, under Sections 115(2), 137(2) of B.N.S. and Section 5K/6 Protection of Children From Sexual Offences Act, registered at Police Station Mahuli, District Sant Kabir Nagar, during pendency of the trial. 3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is further submitted that the applicant has been assigned the role of committing penetrative sexual assault on the victim (boy), who aged about 15 years. It is further submitted that as per radiological report, the age of the victim is 17 years and the allegations of FIR is not corroborated by the medical opinion. It is further submitted that the applicant is languishing in jail since 18.01.2026, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant and it has been submitted by him that the victim in his statement Versus Counsel for Applicant(s) : Rayoof Ali Counsel for Opposite Party(s) : G.A. Sonu @ Ajay Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) recorded under Section 183 BNSS has supported the allegations of the first information report. The learned AGA further submits that the notice has been served on the first informant.  5. As per first information report, applicant is said to have committed penetrative sexual assault on the victim (boy), who aged about 15 years and as per radiological report, the age of the victim is 17 years and the allegations of FIR is not corroborated by the medical opinion and no external injury has been found in the anal area of the victim. It is further submitted that the applicant is languishing in jail since 18.01.2026 6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. 7. Let the applicant- Sonu @ Ajay Kumar involved in the aforesaid case crime shall be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned :- (i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. BAIL No. 14201 of 2026 2 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 6, 2026 RKM BAIL No. 14201 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad