Vinod Jat v. State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13865 of 2026 Court No. - 65 (Sr. No.47 out of 205) HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Hari Narayan Singh, learned counsel for the applicant, Sri Vijay Kumar, learned counsel for the informant, Ms. Anjali Singh, learned counsel for the High Court Legal Service Committee, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.643 of 2024, under Sections 137(2), 65(1), 87 BNS and Section 5L/6 POCSO Act, Police Station Cantt, District Gorakhpur, during the pendency of trial.

¶4Learned 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 far as her statement recorded under Section 183 BNSS is concerned. She has stated that she was mistreated by her family members and, due to the said harassment, she had left the house on

13.11.2024 at about 5:00 p.m. and reached Rajasthan, where she met the applicant and started loving him; as such, both had married each other, and she has expressed her willingness to stay with the applicant only. The victim has married the applicant; obviously, she was major, although, as per the ossification test report, she is 15–16 years old. The said test is not a reliable document to establish the age of the victim. The applicant has no criminal history and is in jail since 20.03.2026. He undertakes to cooperate with the Versus Counsel for Applicant(s) : Hari Narayan Singh Counsel for Opposite Party(s) : G.A., Vijay Kumar

Vinod Jat .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) trial and not misuse the liberty of bail.

¶5Learned counsel for the opposite parties have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant.

¶6Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 183 B.N.S.S., and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶7Let the applicant-Vinod Jat, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

¶8Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. May 5, 2026 (Ravi Kant) BAIL No. 13865 of 2026 (Krishan Pahal,J.) High Court of Judicature at Allahabad