Neutral Citation No. - 2025:AHC:123062 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43751 of 2024 Applicant :- Arjun Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shipra Kureel,Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Ms. Shipra Kureel, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 61 of 2022, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, Police Station- Sindhaura, District- Varanasi, during the pendency of trial. 4. As per prosecution story, a person holding mobile No. 8433118127 is stated to have enticed away the minor daughter of the informant aged about 14 years on 13.04.2022 at about 10:30 AM. 5. 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. The FIR is delayed by about eleven and half hours and there is no explanation of the said delay caused. The applicant is not named in the FIR and his name has come up subsequently in the statement of victim recorded under Section 164 Cr.P.C. whereby she has stated that she was 17 years old and she was in love with the applicant for about eight months and had gone with him to his native place in Bihar and had stayed with him and married him. Out of the said corporeal relationship, she had given birth to a baby boy and had expressed her willingness to stay with him. 6. Learned counsel for the applicant has further stated that the victim is a consenting party as is but evident from her statement recorded U/s 164 Cr.P.C. The victim by her looks seems to be major. 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 25.09.2022 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. 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 fact that victim herself stated that she had gone with the applicant and had given birth to a baby boy out of the said corporeal relationship with the applicant and taking into consideration the age of the victim 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. 10. Let the applicant- Arjun Kumar, 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 shall not tamper with 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 25.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad