Neutral Citation No. - 2025:AHC:61838 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40667 of 2024 Applicant :- Fujail Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Kumar Sharma Counsel for Opposite Party :- 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 26.10.2024 but none is present on behalf of the informant. 2. Heard Sri Abhas Sharma, Advocate holding brief of Sri Rajesh Kumar Sharma, learned counsel for the applicant and Sri Varun Pratap Singh, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 218 of 2024, under Sections 137(2), 65(1), 351(2) of BNS and Sections 3/4 of POCSO Act, Police Station - Webcity, District - Ghaziabad, during the pendency of trial. 4. 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 victim seems to be a consenting party as is evident from her statement recorded u/s 183 BNSS whereby she has stated that she has travelled with applicant in a tempo to several places including Ghaziabad and also travelled all the way to Bihar by train and has not raised any alarm whatsoever during the said journey, as such, it is a clear cut case of false implication. 5. Learned counsel has also stated that the victim has married the applicant and in support of his submission, he has placed much reliance upon the Nikahnaama dated 12.07.2024 which has been annexed as Annexure-3 to the affidavit filed along with bail application. The victim by her looks seems to be major. As per the aadhaar card of the victim, her age is stated to be 22 years but she has mentioned her age to be 15 years in her statements. The statements of the victim are tutored. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 16.07.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. 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. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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. 8. Let the applicant- Fujail, 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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:- 23.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad