HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 43199 of 2024 Court No. - 51 HON'BLE RAJ BEER SINGH, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for applicant, learned counsel for informant, learned A.G.A. for State and perused the material brought on record. 3. The present second bail application has been filed on behalf of applicant in Case crime No.459 of 2023, under Sections 376, 504, 506 I.P.C. and Section 5-Tha/6 of POCSO Act and Section 67-B of I.T. Act, Police Station-Mauaima, District-Prayagraj, with the prayer to enlarge the applicant on bail. 4. The first bail application of applicant was rejected by this Court vide order dated 03.06.2024. 5. It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. The First Information Report was registered against applicant and co-accused Namrata @ Golu alleging that applicant has entangled the daughter of informant in love net and established physical relations with her and he has also clicked Versus Counsel for Applicant(s) : Ajay Kumar Kashyap, Ray Sahab Yadav Counsel for Opposite Party(s) : G.A., Indrapal, Manik Chandra Yadav Vijay Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) some obscene photographs of victim and the same were made viral by publishing on Facebook and Whatsapp. Learned counsel submitted that as per school record, age of victim is about 17 years and 4 months and thus, she was on the verge of attaining the age of majority. The ossification test of victim has not been conducted. It is further submitted that in her statement under Section 164 Cr.P.C. victim girl has clearly stated that she was having love affair with applicant and she has established physical relation with applicant with her consent. 6. It is further submitted that first bail application of applicant was rejected by this Court vide order dated 03.06.2024 and after that statement of all material witnesses, including that of victim girl, have been recorded before the trial court and thus there is no possibility of tampering with evidence. The allegation that applicant has made any obscene photo of victim and made viral, is false and the alleged mobile phone does not belong to the applicant. Applicant has no criminal history and that he is in judicial custody since 05.12.2023. Referring to facts of the matter, it was submitted that victim was on the verge of attaining the age of majority and she was a consenting party. Referring to aforesaid facts, it was submitted that applicant may be granted bail. 7. Per contra, learned A.G.A. and learned counsel for informant have vehemently opposed the bail application and submitted that victim is a minor girl aged about 17 years and in her statement before the trial court she has made allegation of rape. It was further submitted that applicant has taken obscene photo of victim and made viral. It was submitted that that applicant is not entitled to bail. 8. Considering the submissions of learned counsel for the parties and all attending facts, without expressing any opinion on merits, a case for bail is made out. Hence, the present second bail application is hereby allowed. 9. Let the applicant Vijay Kumar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local BAIL No. 43199 of 2024 2 sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant shall not tamper with the evidence during trial. ii. The applicant shall not pressurize/intimidate the prosecution witnesses. iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not try to contact, threat or otherwise influence the complainant or any of the witness of the case. 10. In case of breach of any of the above condition, the court concerned shall be at liberty to cancel the bail of applicant, in accordance with law. October 9, 2025 CS/- BAIL No. 43199 of 2024 3 (Raj Beer Singh,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad