Neutral Citation No. - 2025:AHC:123093 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4124 of 2025 Applicant :- Shahil Ahmad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dinesh Pratap Singh,Yadvesh Yadav Counsel for Opposite Party :- Ayush Mittal,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned A.G.A., notice to the informant has been served on 29.1.2025 but none is present on behalf of the informant even in the revised call. 2. Heard Sri Dinesh Pratap Singh, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 44 of 2024, under Sections 363, 366, 376 IPC and Section 5(J)(ii)/6 of POCSO Act, Police Station Chittaipur, District Varanasi, during the pendency of trial. 4. As per prosecution story, an FIR was instituted by the informant stating that his daughter was missing since 01.04.2024. 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. The FIR is delayed by about one day and there is no explanation of the said delay caused. 6. Learned counsel has further stated that the applicant is not named in the FIR. His name has come up later on during investigation. The victim is a consenting party as is but evident from her statement recorded under section 164 Cr.P.C. whereby she has stated that she had gone with the applicant all the way to Mumbai and stayed there and has further stated that she was pregnant, although she has expressed her willingness to stay with her parents but the victim had subsequently given birth to a dead baby. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 03.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. There is no likelihood of early conclusion of trial in near future. 8. Per contra, learned AGA 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR and taking into account the statement of the victim recorded under section 164 Cr.P.C., I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Shahil Ahmad, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall 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 :- 25.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad