Neutral Citation No. - 2025:AHC:65502 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46959 of 2024 Applicant :- Vishal Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pratima Singh,Rayoof Ali Counsel for Opposite Party :- G.A.,Neeraj Singh,Varun Shukla 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 Rayoof Ali, learned counsel for the applicant and Sri Neeraj Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 677 of 2024, under Sections 137(2), 87, 65(2) of BNS and Sections 5(L)(M)/6 of POCSO Act, Police Station - Kotwali Khalilabad, District - Sant Kabir Nagar, during the pendency of trial. 4. As per prosecution story, the informant suspected that the applicant along with his uncle Vikram might have enticed away her minor daughter, aged about 13 years, on 02.09.2024 at about 03:00 PM. 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 two days and there is no explanation of the said delay caused. The allegations in the FIR were made on the basis of suspicion only as the applicant is stated to have given a mobile to the victim. 6. Learned counsel has also stated that the consent of the victim can be drawn from the fact that she herself had called the applicant and forced to take her along to the Nasik. Her statement has been recorded u/s 183 BNSS whereby she has stated that her maternal uncle (mama ji) has retrieved her from Nasik and taken her to Khalilabad. It is argued that the said statement stands falsified from the fact that the recovery memo of the victim indicates that she was recovered from Khalilabad Town itself. The two places are more than 1500 km apart, as such, the complete prosecution story coupled by the statement of the victim recorded u/s 183 BNSS stands falsified. 7. Learned counsel has further stated that the victim by her looks seems to be major although she is stated to be 14 years old as per ossification test report. There is no criminal history of the applicant. The applicant is languishing in jail since 23.10.2024 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 AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that another FIR No. 289 of 2025 has been instituted by the informant whereby the co-accused person Vikram has abducted the victim again. This is the third time when the victim has been taken away or enticed away by the accused persons. The victim is minor and is barely 10 years old as per her school certificate, as such, the applicant is not entitled for bail. However, they could not dispute the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the delay in lodging the FIR and the victim has herself stated that she had called the applicant and at her behest, the applicant had taken her to Nasik where she stayed there for a substantial period of time and also taking into consideration the inconsistency regarding the place of her recovery, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Vishal Kumar, 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:- 28.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad