Neutral Citation No. - 2025:AHC:21547 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2391 of 2025 Applicant :- Deepak Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned State Law Officer has informed that notice to the informant has been served on 23.1.2025. 3. Heard Sri Anuj Kumar Gupta, learned counsel for the applicant, Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.521 of 2024, under Section 137(2), 64(1) B.N.S. and 3/4 POCSO Act, Police Station- Bhojpur, District- Moradabad, 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 15 years on 18.11.2024 at about 08:00 a.m. 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 thirteen hours and there is no explanation of the said delay caused. The victim seems to be a consenting party as is but evident from her statement recorded U/s 183 B.N.S.S. The victim has categorically stated that she was given lift by the applicant in his car and instead of dropping her at her house, he had taken her to Mathura and sexually assaulted her by disrobing her. There is no sign of any struggle, as such, her disrobing means consent. The victim by her physical appearance seems to be major, although as per the high school certificate her date of birth is 12.2.2008, as such, her age comes out to be 16 years, 09 months and 06 days. There is no medical corroboration of the said incident. 7. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 7.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application. 9. The Supreme Court in Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673 has stated that it is more often in the Indian Society that person shows the age of their wards much below than their actual age. In the case of Brij Mohan Singh vs. Priya Brat Narain Sinha, AIR 1965 SC 282, this Court, inter alia, observed that in actual life it often happens that persons give false age of the boy at the time of his admission to a school so that later in life he would have an advantage when seeking public service for which a minimum age for eligibility is often prescribed. 10. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself. 11. 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. 12. Let the applicant- Deepak, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 14.2.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad