Vijay Kumar Alias Bullet v. State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31417 of 2025

Court No. - 65 (Sr. No.155 out of 259) HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Ms. Shweta Nishad, learned counsel for the applicant, Sri Monu Upadhyay, learned counsel for the informant as well as Sri Jai Kishan Chaurasia, learned State Law Officer for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.276 of 2025, under Sections 65(1), 87, 137(2) BNS and 3/4 POCSO Act, Police Station Kotwali Padrauna, District Kushinagar, 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 FIR is delayed by about two days and there is no explanation of the said delay caused. The victim seems to be a consenting party as she was about to go with the applicant and was apprehended by the police at the railway station. The victim, by her looks, seems to be major, although she is stated to be 16 years old as per the ossification test report. The applicant has no criminal history and is in jail since 11.6.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail.

¶5Learned counsel for the informant and learned State Law Officer have vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Shweta Nishad Counsel for Opposite Party(s) : G.A., Monu Upadhyay Vijay Kumar Alias Bullet .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)

¶6The Supreme Court in Jaya Mala vs. State of J & K, (1982) 2 SCC 538 and Mohd. Imran Khan vs. State (Govt. of NCT of Delhi), (2011) 10 SCC 192 has opined that the radiologist cannot predict the correct date of birth rather there is a long margin of 1 to 2 years on either side.

¶7Considering 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., which indicates her consent, 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.

¶8Let the applicant-Vijay Kumar Alias Bullet, 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.

¶9Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 23, 2026 Vikas Verma BAIL No. 31417 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad