Neutral Citation No. - 2025:AHC:28419 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44208 of 2024 Applicant :- Sushil Kumar Alias Chotu Madhesiya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Afzal Husain,Mohammad Asif 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 30.11.2024 but none is present on behalf of the informant. 2. Heard Sri Mohammad Asif, learned counsel for the applicant, Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 150 of 2024, under Section 65(1) of BNS and Sections 5(L)/6 of POCSO Act, Police Station - Thuthi Bari, District - Maharajganj, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and the said relationship continued for about six months. The applicant was seen in a compromising state with the victim on 04.08.2024 at about 09:00 PM by certain persons, as such, the FIR was instituted on 10.08.2024. 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 as alleged in the FIR. The FIR is delayed by about six days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim by her looks seems to be major, although, as per ossification test report, her age is stated to be 16 years and a leverage of two years may be granted to the applicant on upper side. 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 stated that she loves applicants and wants to spend her life with him but the parents of the applicant are not ready for the said marriage. 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 history of the applicant. The applicant is languishing in jail since 06.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned A.G.A. 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the age of the victim being 16 years as per ossification test report coupled by the fact that the FIR is delayed by six days and also 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. 10. Let the applicant- Sushil Kumar Alias Chotu Madhesiya, 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./ 351BNSS 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. 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:- 28.2.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad