Neutral Citation No. - 2025:AHC:61593 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5660 of 2025 Applicant :- Karan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hemant Sharma,Saurabh Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. The ossification test report of the victim has been received, which indicates the age of the victim to be 17-18 years. The original ossification test report shall be returned to the office of CMO concerned, after retaining photostat copy of the same on record. 3. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Learned A.G.A. has informed that notice to the informant has been served on 18.1.2025. 4. Heard Sri Hemant Sharma, learned counsel for the applicant, Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record. 5. Applicant seeks bail in Case Crime No.404 of 2024, under Sections 137(2), 64(1), 74 B.N.S. and 3/4 POCSO Act, Police Station- Khurja Dehat, District- Bulandshahar, during the pendency of trial. 6. 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 five days and there is no explanation of the said delay caused. The victim is a consenting party as is but evident from her statement recorded U/s 183 B.N.S.S., whereby she has stated that she had gone with the applicant to Noida from Khurja and had not raised any alarm whatsoever. The victim is 17-18 years old as per ossification test report. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 21.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself. 9. 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. 10. Let the applicant- Karan, 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 313 Cr.P.C./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. 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 :- 23.4.2025/ Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad