Neutral Citation No. - 2025:AHC:14537 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41115 of 2024 Applicant :- Vikash Nishad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Awaneesha Kumar,Mahesh Kumar Sahani,Narendra Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Case called out in revised list. No one appears on behalf of the applicant to press this bail application whereas Mr. Deepak Mishra, learned Additional Government Advocate representing the State is present. In compliance of order dated 10.01.2025, learned A.G.A. has filed compliance afÏdavit sworn in by Mr. Ranjeet Tiwari, Sub Inspector of Police Station Shahpur, District Gorakhpur and afÏdavit dated 27.01.2025 of the victim, which are taken on record. By means of this application under Section 439 of Cr.P.C., applicant Vikash Nishad, who is involved in Case Crime No. 410 of 2024, under Sections 363, 376(2)n, 504, 506 IPC and Section 5/6 POCSO Act, police station Shahpur, district Gorakhpur, seeks enlargement on bail during the pendency of trial. I myself have perused the record with the assistance of learned A.G.A. and find that on 27.07.2024, the victim lodged first information report for the offence under Sections 363, 376(2)(n), 504, 506 IPC and Sections 5/6 POCSO Act against the applicant making allegation inter alia that she is a student of Class 12. On 04.07.2022, when she was going to school then on the way, the applicant forcibly made her to sit in his car and took her to a jungle and committed rape on her and also made video. Thereafter, on the pretext of making the said video viral, he has been forcibly committing rape on her. Though the victim has made allegation of rape against the applicant but I find that she is now the deponent in the present case. In view of the above, on 10.01.2025, following order was passed : "Considering the facts and circumstances of the case, this Court feels that the victim should be given an opportunity to file an afÏdavit through the learned Government Advocate with regard to the allegations levelled by her in the F.I.R. The Station House OfÏcer, Police Station Shahpur, District Gorakhpur is directed to serve the copy of this bail application upon the victim and ensure her presence through a lady constable before the learned Government Advocate, High Court, Allahabad on 20.01.2025 for preparing her afÏdavit. Put up this case as fresh on 28.01.2025." In compliance of the aforesaid order, the victim was produced before the ofÏce of Government Advocate for getting her afÏdavit prepared. Accordingly, in order to ascertain the correct fact as to whether the victim became deponent of this bail application on her own volition or compulsion, learned Additional Government Advocate upon instruction of the victim prepared her afÏdavit dated 27.01.2025, in which she has come up with a stand that at the time of incident, she was minor but on 22.08.2024, she solemnized marriage with the applicant on attaining the age of majority, three days prior to arrest of the applicant, i.e., on 25.08.2024 and they also got their marriage registered before the Registrar (Marriage), Gorakhpur on 22.08.2024, hence she being wife of the applicant is doing pairvi of this case on behalf of the applicant. Considering the peculiar facts and circumstances of the case as noted above as well as keeping in view the nature of the offence, evidence, complicity of the accused and the fact that the victim is doing pairvi on behalf of the applicant, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Vikash Nishad be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 31.1.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad