Neutral Citation No. - 2025:AHC:68833 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46928 of 2024 Applicant :- Rajendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahendra Kumar Yadav,Vijeta Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Rejoinder affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Mahendra Kumar Yadav, learned counsel for the applicant and Smt. Swapnil, learned counsel for the victim as well as Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 495 of 2024, under Section 64(2)M of BNS and Sections 3/4(2) & 5L.N./6 of POCSO Act, Police Station - Sardhana, District - Meerut, during the pendency of trial. 4. As per prosecution story, the applicant had instituted the FIR regarding his missing minor daughter (victim) and son, aged about 13 and 11 years, respectively since 25.09.2024. 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. It is further stated that the victim was retrieved after a substantial period and she moved an application before the police station stating that she was in love with one Sagar and she had gone with him and taken her brother along. She has also stated that she does not want any action in the FIR against any one. 6. Learned counsel has also stated that the name of the applicant has subsequently been come up in the statement of the victim recorded u/s 183 BNSS whereby she has stated that the applicant had committed rape with her on 06.08.2024 and 09.08.2024 thereby she along with her brother had gone with Sagar to whom she used to love and solemnized marriage with him in a temple. She has further stated that the victim is living with Sagar as his wife. 7. Learned counsel has argued that it is a clear cut case of false implication and the truth is that the applicant had scolded his daughter for eloping with the said boy and peeved by the said scolding, she has nominated the applicant in the said case. The falsity of the statement of the victim recorded u/s 183 BNSS is but evident from her statement given at the police station. There is no criminal history of the applicant. The applicant is languishing in jail since 27.09.2024 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 State Law Officer and learned counsel for the victim have 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. He has also argued that the application given at police station by the victim is hit by Section 181 BNSS. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also the fact that it was the applicant, who had instituted the FIR and the victim herself has moved the application before the police station and had not whispered a single word against the applicant in the said application, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Rajendra, 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:- 1.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad