Neutral Citation No. - 2025:AHC:67561 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43033 of 2024 Applicant :- Deepesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pranshu Gupta Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 20.11.2024 but none is present on behalf of the informant. 2. Heard Sri Pranshu Gupta, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 295 of 2024, under Sections 137(2), 64(1) of BNS and Sections 3/4(2) & 5(L)/6 of POCSO Act, Police Station - Hapur Dehat, District - Hapur, 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. It is also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS whereby she has expressed her willingness to stay with the applicant only. She has also stated that corporeal relationship has been established between the victim and the applicant out of her sweet will. 5. Learned counsel has further stated that the victim is stated to be 15 years old as per her school certificate, although by her looks she seems to be major. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 26.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned State Law Officer 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 and also the fact that the victim seems to be a consenting party as per her statement recorded u/s 183 BNSS, I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Deepesh, 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:- 30.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad