Neutral Citation No. - 2025:AHC:50723 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47246 of 2024 Applicant :- Ajay Prasad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ganesh Kumar Verma,Nitin Kumar Tiwari,Puneet Kumar Counsel for Opposite Party :- G.A.,Monu Upadhyay Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Puneet Kumar, learned counsel for the applicant and Sri Atul Kumar Singh holding brief of Sri Monu Upadhyay, learned counsel for the informant as well as Ms. Ifra Islam, learned State Law Officer and also perused the material available on record. 3. Applicant seeks bail in Case Crime No. 115 of 2024, under Sections 342, 376(D), 120(B) of I.P.C. and Sections 5/6 of POCSO Act, Police Station - Bariyarpur, District - Deoria, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The statement of the victim as narrated under Section 183 B.N.S.S. cannot be believed as she is stated to have been rendered unconscious by spiking her water at Gorakhpur station whereby, she regained her consciousness in Mumbai. She has further stated that she was taken to a relative's house at Pune by the co-accused person Manish. The victim has not raised any alarm during her sojourn. The co-accused persons have dropped her at Deoria railway station. Another fact mentioned by the victim in the said statement is that she was not given any food or drinks during her stay for four months at Mumbai and Pune, which cannot be believed. 5. It is further argued that there is no medical corroboration of the incident. The victim is 16 years old as per her own statement. There is no criminal history of the applicant. The applicant is languishing in jail since 03.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned State Law Officer has vehemently opposed the bail application. 7. 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. 8. Let the applicant- Ajay Prasad, 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. 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. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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 :- 8.4.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad