Neutral Citation No. - 2025:AHC:70287 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39832 of 2024 Applicant :- Ajay Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- Ashok Kumar Shukla,Bagish Kumar Tiwari,G.A. 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. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 3. At the outset, learned counsel for the applicant has stated that the final report (charge-sheet) has been filed u/s 123, 64(1), 351(3) of BNS and Sections 5(L)/6 of POCSO Act wherein Sections 3/4 POCSO Act have been altered to Sections 5(L)/6 of POCSO Act. 4. Learned counsel for the applicant is permitted to make necessary correction in the prayer clause of memo of bail application during the course of the day. 5. Heard Sri Raghuvansh Misra, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and also perused the material placed on record. 6. Applicant seeks bail in Case Crime No. 269 of 2024, under Sections 123, 64(1), 351(3) of BNS and Sections 5(L)/6 of POCSO Act, Police Station - Jhunsi, District - Prayagraj, during the pendency of trial. 7. As per prosecution story, the applicant is stated to have committed sexual assault with the victim several times and on the date of alleged incident on 09.07.2024, he is stated to have called her in the morning of about 05:00 AM and committed rape with her and left her near her house at 07:00 AM. 8. 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 10 hours and there is no explanation of the said delay caused. 9. Learned counsel has also stated that the statement of the victim recorded u/s 183 BNSS whereby she has expressed her consent. The victim by her looks seems to be major although as per ossification test report, her age has come out to be between 16 to 18 years, as such, a leverage of two years may be granted to the applicant on upper side in light of law laid down by Supreme Court. There is no medical corroboration of the incident. 10. Learned counsel has further stated that it is true that the applicant is the brother-in-law (Jija Ji) of the victim and no offence has been made out against the applicant as the victim being major is a consenting party. There is no criminal history of the applicant. The applicant is languishing in jail since 06.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 11. Per contra, learned AGA has vehemently opposed the bail application on the ground that there were bite marks on both sides of the breasts of the victim, as such, the prosecution story stands corroborated with the medical report. However, he could not dispute the fact that the applicant has no criminal history. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, period of incarceration, age of the victim and also considering the delay in lodging the FIR and the statement of the victim recorded u/s 183 BNSS which indicates her consent coupled by the fact that the circumstances enumerated herein, I find it a fit case to release the applicant on bail. The bail application is allowed. 13. Let the applicant- Ajay Kumar, 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. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. 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