HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15630 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Counter affidavit filed by learned A.G.A. is taken on record. 2. Heard Ms. Anjum, Advocate holding brief of Sri Siddharth Jaiswal, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.144 of 2024, under Sections 376, 323, 504, 506 I.P.C., Police Station Juhi, District Kanpur Nagar, during the pendency of trial. 4. This is the second bail application on behalf of the applicant. The first bail application was dismissed as not pressed. 5. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and had later on refused to comply with the said promise. 6. 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. There is no clinching evidence to suggest that the applicant misled the victim from the beginning. The informant has converted a failed consensual physical relationship into a criminal case. 7. It is further argued by learned counsel for the applicant that the victim is Versus Counsel for Applicant(s) : Siddarth Jaiswal Counsel for Opposite Party(s) : G.A. Faizan .....Applicant(s) State of U.P. .....Opposite Party(s) major aged about 22 years. The duration of crime has deliberately been mentioned by the informant to make it fall within the purview of POCSO Act, but subsequently, all the sections have been deleted and the final report (charge-sheet) has been submitted U/s 376, 323, 504 I.P.C. only. There is no criminal history of the applicant. The applicant is languishing in jail since 24.7.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. The Supreme Court in Kunal Chatterjee vs. State of West Bengal & Ors. (Special Leave petition (Crl.) No. 7004 of 2025) reiterating the aforesaid viewpoint stated that delayed allegations of consensual physical relations, chiefly when based on a failed promise to marry and unsupported by evidence, do not constitute rape or grounds under POCSO if the circumstances indicate abuse of criminal process and quashed the proceedings to prevent misuse of law. 10. 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 Pramod Suryabhan Pawar vs. State of Maharashtra and Another, 2019 (9) SCC 608 and Ansaar Mohammad vs. State of Rajasthan and Another, 2022 SCC OnLine SC 886 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. 11. Let the applicant- Faizan, 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 during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for BAIL No. 15630 of 2025 2 cancellation of bail. 13. 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. October 10, 2025 Vikas Verma BAIL No. 15630 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad