Dayashankar vs State Of U.P. And 3 Others

1. List has been revised. As informed by learned A.G.A., notice to the informant has been served on 29.4.2026.

2. Heard Sri Bed Prakash Rai, learned counsel for the applicant, Sri A.K. Mishra, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No. 42 of 2026, under Sections 137(2), 87, 64(1) BNS and 3/4 POCSO Act, Police Station Bahjoi, District Sambhal, during the pendency of trial.

4. Considering 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 u/s 183 BNSS, whereby she seems to be consenting party, as she had gone with the applicant to several places and did not raise any alarm during the said sojourn, the delay of two days in lodging of FIR 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. Accordingly, the bail application is allowed.

5. Let the applicant- Dayashankar, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required.

6. Breach of any of the above condition shall entail cancellation of bail. The observation herein shall not affect the trial on merits.

(Krishan Pahal,J.)

May 7, 2026

Shalini