Neutral Citation No. - 2025:AHC:66459 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42867 of 2024 Applicant :- Shailendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satya Prakash Chaturvedi 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 14.11.2024 but none is present on behalf of the informant. 2. Rejoinder affidavit filed today by the learned counsel for the applicant is taken on record. 3. Heard Sri Satya Prakash Chaturvedi, learned counsel for the applicant and Sri Anit Kumar Shukla, learned A.G.A. for the State and also perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 135 of 2024, under Sections 137(2), 87, 65(1) of BNS and Sections 3/4 of POCSO Act, Police Station - Sirsakalar, District - Jalaun, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant, aged about 14 years, on 02.07.2024 at about 10:00 AM. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about two months and there is no explanation of the said delay caused. 7. 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 she had married the applicant and had travelled to several places along with him and had even gone to Bhopal. She has not raised any alarm whatsoever during the said sojourn. The victim by her looks seems to be major although her age has deliberately been suppressed. The applicant himself is a youth aged about 20 years old. There is no medical corroboration of the incident. 8. Learned counsel has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 05.09.2024 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 and the fact that the delay of two months in lodging the FIR, there being no medical corroboration of the incident and the victim having travelled with the applicant to several places, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Shailendra, 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:- 29.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad