Neutral Citation No. - 2025:AHC:72222 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35791 of 2024 Applicant :- Shaeem Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Shyam Lal Counsel for Opposite Party :- Chandrakala Kumari,G.A.,Girish Tiwari,Pankaj Goswami,Prashant Verma Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Affidavit of SI Krishna Kumar, posted at P.S. Katghar, District Moradabad filed by learned State Law Officer is taken on record. 3. Heard Ms. Abhilasha Singh, learned counsel for the applicant, Sri Girish Tiwari, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.366 of 2024, under Sections 137(2), 352, 351, 65(1), 87 B.N.S. and 4(2) POCSO Act, Police Station- Katghar, District- Moradabad, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant on 13.7.2024 at about 07:00 a.m. 6. Learned 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 had returned in the morning next day itself at 03:00 a.m. and the FIR stands contradictory to it as the informant has stated that her daughter may be retrieved. There is an application indicating the said fact filed by the victim at the police station itself, as such, complete prosecution story stands falsified. 7. Learned counsel for the applicant has further stated that the victim is a consenting party as she had gone with the applicant out of her own sweet-will which is but indicative from her contradictory statement recorded U/s 180 and 183 B.N.S.S. There is no medical corroboration of the incident and also there is no recovery of any video whatsoever. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 26.7.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that victim is minor and the applicant had video recorded the said act, although there is no recovery of any video. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that victim has returned the very next day of the incident as indicated in the said application as also there is no medical corroboration of the incident coupled by the fact that there is no recovery of any video whatsoever and the FIR is delayed by about two days, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Shaeem, 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 following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 6.5.2025/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad