Neutral Citation No. - 2025:AHC:67580 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6802 of 2025 Applicant :- Lakshman Sahni Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- Dharmendra Kumar,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 2. Heard Sri Ajeet Kumar Singh, learned counsel for the applicant and Sri Dharmendra Kumar, learned counsel for the informant as well as Sri Pranshu Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 318 of 2024, under Sections 64(2)(m), 137(2), 87 of BNS and Sections 5(L)/6 of POCSO Act, Police Station - Phephna, District - Ballia, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is the brother-in-law (Dewar) of the elder sister of the victim. The victim herself has stated in her statement recorded u/s 183 BNSS that she had gone with the applicant out of her own sweet will to Karnataka and had expressed her willingness to stay with him. She has also stated that she has not been subjected to sexual assault by the applicant. It is true that the victim is 17 years old but there is no allegation of sexual assault, as such, the applicant is entitled for bail. 5. Learned counsel has also stated that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. It is further stated that criminal history of one case stands explained. The applicant is languishing in jail since 31.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 7. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also the statement of the victim recorded u/s 183 BNSS whereby she seems to be a consenting party, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Lakshman Sahni, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 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:- 30.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad