Neutral Citation No. - 2025:AHC:65357 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44531 of 2024 Applicant :- Abhishek Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh,Ramesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Ms. Pratibha Singh, learned counsel for the applicant, Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 04.08.2024. 4. Applicant seeks bail in Case Crime No.254 of 2024, under Sections 137(2), 87, 65(1) B.N.S. and Section 3/4 POCSO Act, 2012, Police Station Shahganj, District Jaunpur, during the pendency of trial. 5. 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 10 days and there is no explanation of the said delay caused. The victim is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S., whereby she had gone with the applicant all the way from Jaunpur to Prayagraj and had stayed at Cheoki in a way. She has not raised any alarm whatsoever, although she has stated that the applicant had touched her inappropriately and had raped her, but the said allegations stands falsified from her own statement. 6. Learned counsel for the applicant has further argued that there is no medical corroboration of the incident. The victim by her looks seems to be major, although as per ossification test report, her age is about 15 years. There is no criminal history of the applicant. The applicant is languishing in jail since 04.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. 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 delay of 10 days in institution of the FIR and there being no medical corroboration of the incident coupled with the fact that the victim has travelled with the applicant all the way to Jaunpur and Prayagraj, 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. 9. Let the applicant- Abhishek, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 :- 28.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad