HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24315 of 2025 Court No. - 65 (Sr. No.104 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned A.G.A., notice to the informant has been served on 13.06.2025, but none is present on behalf of the informant. 2. Heard Sri Firdos Haider, Advocate holding brief of Sri Sageer Ahmad, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Special Session Trial No.1309 of 2024 arising out of Case Crime No.333 of 2024, under Sections 137(2), 87, 65(1) of BNS, 2023 and Sections 3/4(2) of POCSO Act, Police Station- Neoria, District- Pilibhit, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party as far as her statement recorded under Section 164 Cr.P.C. is concerned. As per school certificate, she was 15 years old, but by her physical appearance, she seems to be major. There is no valid document to suggest that she was minor. The applicant has no criminal history and is in jail since 31.10.2024. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. Versus Counsel for Applicant(s) : Sageer Ahmad Counsel for Opposite Party(s) : G.A. Faheem .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded under Section 164 Cr.P.C., which indicates her consent, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Faheem, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 23, 2026 (Ravi Kant) BAIL No. 24315 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad