Neutral Citation No. - 2025:AHC:61823 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40721 of 2024 Applicant :- Akash Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.,Virendra Singh Hon'ble Krishan Pahal,J. 1. None is present on behalf of the informant even in the revised call. 2. Counter affidavit filed today by learned AGA is taken on record. 3. Learned counsel for the applicant does not propose to file any rejoinder affidavit to the counter affidavit filed by State. 4. Heard Sri Rajneesh Tripathi, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 5. Applicant seeks bail in Case Crime No. 117 of 2024, under Sections 137(2), 87, 65(1) of BNS and Section 4(2) of POCSO Act, Police Station - Vishungarh, District - Kannauj, during the pendency of trial. 6. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant, aged about 15 years, on 06.09.2024 at about 10:00 AM. 7. 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 one day and there is no explanation of the said delay caused. 8. Learned counsel has also stated that the victim by her looks seems to be major although as per her school certificate, her age has come out to be 15 years. The statement of the victim u/s 183 BNSS has been recorded after legal consultations. The said statement is self-indicative of her consent as she has travelled with the applicant to several places including Rajasthan and even stayed with him. It is argued that she has not raised any alarm whatsoever during the said journey. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 11.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. 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. 10. 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. 11. Let the applicant- Akash, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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