Neutral Citation No. - 2025:AHC:66433 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47300 of 2024 Applicant :- Dilip @ Sahil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Kinkar Upadhyay,Surjeet Singh Patel Counsel for Opposite Party :- G.A.,Tahir Ali Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Surjeet Singh Patel, learned counsel for the applicant and Sri Tahir Ali, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 284 of 2024, under Sections 137(2), 87, 64 of BNS and Sections 3/4 of POCSO Act, Police Station - Sandeepan Ghat, District - Kaushambi, 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 04.10.2024. No time of offence is mentioned in the FIR. 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 by about 17 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 her statement recorded u/s 183 BNSS whereby she herself has stated her age to be 19 years old. She has also stated that she had earlier on also gone with the applicant and so is the case this time. She has not been enticed away by the applicant rather she had already married him about 3/4 years back. She has also stated that the FIR instituted by her parents is false and she expressed her willingness to stay with her in-laws i.e. the family of the applicant. 7. Learned counsel has further stated that there is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 26.10.2024 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. Per contra, learned counsel for the informant has vehemently opposed the bail application and proposes to file counter affidavit. He prayed that he may be granted some time so that the ossification test of the victim may also be conducted. 9. Learned State Law Officer has also 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. 10. 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 and the statement of the victim recorded u/s 183 BNSS being a consenting party, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Dilip @ Sahil, 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. 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:- 29.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad