Neutral Citation No. - 2025:AHC:65421 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45739 of 2024 Applicant :- Om Prakash Seth Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- O.P.S. Rathore Counsel for Opposite Party :- Anjali Jaiswal,Dhirendra Kumar Verma,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 12.12.2024 but none is present on behalf of the informant. 2. Heard Sri Sushil Kumar Rao, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 87 of 2024, under Sections 137(2), 87, 115(2), 352, 64(2)(m) of BNS and Sections 5(L)/6 of POCSO Act, Police Station - Eliya, District - Chandauli, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant on 22.08.2024 at about 11:00 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 as alleged in the FIR. The FIR is delayed by about two days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as is evident from the fact that she had gone with the applicant to Nalasupara, Mumbai and back to her home and has not raised any alarm whatsoever during the said journey. The victim by her looks seems to be major although she is stated to be 15 years 2 months only. There is no medical corroboration of the incident. 7. Learned counsel has further stated that the victim has allayed several serious allegations against the applicant regarding depraved sexual assault but the said allegations are false as they do not stand corroborated by any medical evidence. There is no criminal history of the applicant. The applicant is languishing in jail since 14.09.2024 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 AGA has vehemently opposed the bail application on the ground that the victim being minor, as such, her consent, if any, has no legal sanctity in the eyes of law. However he could not dispute 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 fact of delay in lodging the FIR coupled by the fact that the victim has not raised any alarm whatsoever during her to and fro journey to Mumbai, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Om Prakash Seth, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 28.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad