HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34453 of 2025 Court No. - 65 (Sl. No. 175 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 8.7.2025. 2. Heard Sri Raghavendra Sharan Tiwari, learned counsel for the applicant as well as Sri R.M. Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 557 of 2024, under Sections 65(1), 87, 137(2), 351(3) BNS and 3/4(2) POCSO Act, Police Station Shivpur, District Varanasi, 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 is but evident from her statement recorded under Section 183 B.N.S.S., whereby she had travelled with the applicant to several places including Prayagraj and Delhi and did not raise any alarm, whatsoever, although she has stated that applicant raped her during their stay. There is no medical corroboration of the incident as the victim has denied her medical examination. She, by her physical appearance, seems to be major although her age is 17 years as per her own statement.There is no valid document to suggest that victim was minor. 5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since Versus Counsel for Applicant(s) : Raghavendra Sharan Tiwari Counsel for Opposite Party(s) : G.A. Javed Ali .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 4.12.2024 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. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no medical corroboration of the incident and the statement of the victim recorded u/s 183 BNSS, whereby she seems to be consenting party 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. 8. Let the applicant- Javed Ali 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 verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. April 23, 2026 Shalini BAIL No. 34453 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad