Neutral Citation No. - 2025:AHC:69498 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46553 of 2024 Applicant :- Rajat Soni Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- S.B.Singh,Shashwat Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 18.12.2024. 3. Heard Sri Shashwat Pratap Singh, learned counsel for the applicant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.325 of 2024, under Sections 137(2), 64(1), 87 B.N.S. and 5L/6 POCSO Act, Police Station- Bansdih, District- Ballia, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant on 29.9.2024. 6. 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 ten days and there is no explanation of the said delay caused. The prosecution story stands falsified from the fact that victim has stated that she was retrieved by the police from Vadodara, Gujarat and was taken to Ballia, but her recovery has been shown from Bansdih Crossing, Ballia. 7. Learned counsel for the applicant has further stated that the victim is a consenting party as is but evident from her statement recorded U/s 183 B.N.S.S. The victim by her looks seems to be major, although as per the school certificate of Class-10th she is about 16 years old. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 25.10.2024 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. Learned A.G.A. has vehemently opposed the bail application. 9. The Supreme Court in Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673 has stated that it is more often in the Indian Society that person shows the age of their wards much below than their actual age. In the case of Brij Mohan Singh vs. Priya Brat Narain Sinha, AIR 1965 SC 282, this Court, inter alia, observed that in actual life it often happens that persons give false age of the boy at the time of his admission to a school so that later in life he would have an advantage when seeking public service for which a minimum age for eligibility is often prescribed. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay of ten days in institution of FIR and the statement of the victim recorded U/s 183 B.N.S.S., 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. 11. Let the applicant- Rajat Soni, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad