Neutral Citation No. - 2025:AHC:39663 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3673 of 2025 Applicant :- Ajay Kumar Srivastava Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A.,Mayank Mani,Pusp Raj Singh Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 27.01.2025 but none is present on behalf of the informant. 2. Heard Sri Brijesh Kumar Mishra, learned counsel for the applicant and Sri Jai Kishan Chaurasia, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 209 of 2024, under Sections 137(2), 64 of BNS and Sections 5(j)(2)/6 of POCSO Act, Police Station - Baghauchghat, District - Deoria, during the pendency of trial. 4. 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. Learned counsel has also stated that the victim is the consenting party as is evident from the circumstances as another FIR was instituted by the informant against the applicant regarding the same victim and her ossification test report was conducted on 18.05.2022 whereby her age was found to be 20 years, as such, she was about 22 years old at the time of lodging of present FIR. 5. Learned counsel has further stated that the applicant is ready to take care of the victim to whom is in love. The victim at present has been kept in Nari Niketan only and had not gone with her parents. 6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 09.11.2024 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. Per contra, learned State Law Officer has 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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- Ajay Kumar Srivastava, 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. 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:- 19.3.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad