Bail may be granted in serious offences, including POCSO, where medical evidence does not support the allegations, there are material contradictions in the victim's statements, and the age of the victim is not conclusively established by documentary or radiological evidence.

1. Heard Shri Narayan Singh Kushwaha, learned counsel for the applicant, Shri Hanuman Prasad Kushwaha, learned counsel for the first informant and Shri B.P. Maurya, learned A.G.A. for the State and perused the record.

2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 119 of 2026, under Sections 333 , 64(1), 351(3), 61(1) of B.N.S. and Section 3/4 of POCSO Act, Police Station Talbehat, District Lalitpur, during the pendency of the trial.

3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case though there is no incriminating material against him. It is further submitted that there are material contradictions in the statement of the victim recorded under Sections 180 and 183 BNSS as well as her statement given before the doctor. It is further submitted that as per FIR, the victim is aged about 17 years and there is no High School certificate or certificate of school first attended. It is further submitted that no radiological examination has been conducted for determination of her age. It is further submitted that the medico legal report does not support the allegation of commission of rape on her. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 24.04.2026, in case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail.

5. As per first information report, the applicant is said to have entered into the house of the first informant and committed rape on her daugther, the victim, who is aged about 17 years, however, there are material contradictions in the statement of the victim recorded under Sections 180 and 183 BNSS as well as her statement given before the doctor, who conducted the medico legal examination. As per FIR, the victim is aged about 17 years and there is no High School certificate or certificate of school first attended. It is further submitted that no radiological examination has been conducted for determination of her age. It is further submitted that the medico legal report does not support the allegation of commission of rape on her. It is further submitted that the applicant is having no criminal history and the applicant has been languishing in jail since 24.04.2026.

6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of the accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC OnLine SC 3038 as well as guideline of this Court in the case of Maya Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding grant of bail and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

7. Accordingly, the present application is ALLOWED

8. Let the applicant- Pushpendra Kushwaha involved in the aforementioned 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, with the following conditions:-

(i) The applicant shall