Neutral Citation No. - 2025:AHC:79868 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47400 of 2024 Applicant :- Ibrahim Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Brijesh Chand Kaushik Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Brijesh Chand Kaushik, learned counsel for the applicant, Sri Arun Kumar Mishra, 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 17.12.2024. 4. Applicant seeks bail in Case Crime No.584 of 2024, under Sections 65(1), 351(3) B.N.S. and Section 5(L)/(m) POCSO Act, Police Station Gola, District Gorakhpur, 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 and there is no date and time of offence mentioned in it. The victim has stated that the applicant has misused his clout and had established corporeal relationship with her several times as she used to work at his place. 6. Learned counsel for the applicant has further argued that the victim by her looks seems to be major. As per ossification test report, she is 16 years old and a leverage of two years may be granted to the applicant on the upper side. There is no criminal history of the applicant. The applicant is languishing in jail since 20.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 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, taking into consideration the judgment of Supreme Court passed in Jaya Mala vs. State of J & K, (1982) 2 SCC 538 and Mohd. Imran Khan vs. State (Govt. of NCT of Delhi), (2011) 10 SCC 192 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- Ibrahim, 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 during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 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 :- 15.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad