HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 45503 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Sri Neeraj Kumar Sharma, learned A.G.A., on the basis of instructions submits that notice of the present application has been served upon the informant- opposite party no. 2 and the Child Welfare Committee, Bulandshahr- opposite party no. 3 on 16.12.2025. However, no one appears on behalf of the said opposite parties nor any counter affidavit has been filed on their behalf. 2. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party. 3. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 244 of 2025, under Sections 74, 64(1), 351(2) B.N.S. and 3/4(2) POCSO Act, Police Station Agauta, District Bulandshahr during the pendency of the trial. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 26.10.2025. The first information report was lodged on 01.11.2025. The delay is fatal to the prosecution case. The first information report was lodged by the victim herself. As per the first information report, there is no allegation of rape against the applicant. In the statement of the victim under Section 180 B.N.S.S. also there is no allegation of rape. However, in her statement under Section 180 B.N.S.S. the victim has narrated an entirely different version. The inconsistencies in the statements of the victim under Sections 180 and 183 B.N.S.S. discredit the prosecution case. The applicant is in jail since 05.11.2025 having no criminal history and Versus Counsel for Applicant(s) : Mohammad Zakir Counsel for Opposite Party(s) : G.A. Haseen .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) if he is released on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the first information report has been lodged belatedly. As per the first information report, there is no allegation of rape against the applicant. In the statement of the victim under Section 180 B.N.S.S. also there is no allegation of rape. The inconsistencies in the statements of the victim under Sections 180 and 183 B.N.S.S. discredit the prosecution case. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than four months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant- Haseen, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. March 18, 2026 SKT/- BAIL No. 45503 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad