Karan Bharti vs State Of U.P. And 3 Others

2. Heard Sri Abhishek Kumar Jaiswal, learned counsel for the applicant, Sri Ashok Kumar Gautam, learned counsel for the informant, Smt. Annapurna Devi, learned counsel for the High Court Legal Service Committee, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No.324 of 2025, under Sections 137(2), 64(2), 351(2), 123 BNS and Section 3/4 POCSO Act, Police Station Mirzamurad, District Varanasi, during the pendency of trial.

4. 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 she had gone with the applicant to several places, whereby the applicant had enticed her away on the pretext of getting her Dhamm Diksha at Sarnath and instead committed rape with her and even promised to marry her and subsequently refused to comply with the said promise. As per high school certificate, her date of birth is 02.12.2008; as such, she was less than 17 years old, but by her physical appearance, she seems to be major. The applicant has no criminal history and is in jail since 27.11.2025. He undertakes to cooperate with the trial and not misuse the liberty of bail.

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

6. 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 under Section 183 BNSS, 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.

7. Let the applicant- Karan Bharti, 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.

8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits.

(Krishan Pahal,J.)

May 6, 2026

(Ravi Kant)