Neutral Citation No. - 2025:AHC:70249 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37463 of 2024 Applicant :- Shani Chamar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Neetu Singh Counsel for Opposite Party :- G.A.,Manisha Chaturvedi Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 04.10.2024 but none is present on behalf of the informant. 2. Heard Sri Amar Deep, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 156 of 2024, under Section 65(2) of BNS and Sections 5M/6 of POCSO Act, Police Station - Jafrabad, District - Jaunpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim, aged about 8 years, on 08.08.2024 at about 06:00 PM. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about five hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS whereby she has stated that her brother reached there and seen the incident and informed her parents, as such, the instant FIR has been instituted. The victim by her looks seems to be major although as per ossification test report, her age has come out to be 12 years. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 09.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, period of incarceration, nature of offence, delay in lodging the FIR, the age of the victim and also considering the statement of the victim recorded u/s 183 BNSS which indicates her consent and there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Shani Chamar, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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:- 2.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad