Neutral Citation No. - 2025:AHC:55379 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3941 of 2025 Applicant :- Keshav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ansar Ahmad,Sandhya Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. As informed by learned AGA, notice to the informant has been served on 04.02.2025 but none is present on behalf of the informant. 3. Heard Sri Ansar Ahmad, learned counsel for the applicant and Sri Arun Kumar Mishra, learned AGA for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 265 of 2024, under Sections 137(2), 87, 84, 64, 351(3) B.N.S. and Section 3/4 of POCSO Act, Police Station Bidhuna, District Auraiya, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim has stated in her statement recorded u/s 183 B.N.S.S. that she was major, aged about more than 18 years old. She is a consenting party and is stated to have married the applicant in a temple and had expressed her willingness to stay with him only. 6. It has been further stated that it is a clear cut case of false implication. The applicant is languishing in jail since 05.08.2024 and he has no criminal history. He is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned AGA has vehemently opposed the bail application. 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- Keshav, 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 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. 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 :- 16.4.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad