HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25029 of 2025 Court No. - 65 (Sr. No.109 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 28.07.2025, but none is present on behalf of the informant. 2. Heard Sri Ashok Kumar Chaudhary, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State/ learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.102 of 2025, under Sections 65(1), 115(2), 352, 351(3) of BNS and Sections 3/4 of POCSO Act, Police Station- Belhar Kala, District- Sant Kabir Nagar, 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 FIR is delayed by about 5 months and there is no explanation of the said delay caused. Even the application under Section 173(4) BNSS was moved after a delay of about 3 months and there is no explanation of the said delay either. There is no medical corroboration of the incident. The instant case is the misuse of process of law. The applicant has no criminal history and is in jail since 17.05.2025. 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) : Ashok Kumar Chaudhary, Jitendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Mohan Alias Munna .....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 delay in the institution of the FIR and the fact that there is no explanation of the said delay caused, 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- Mohan Alias Munna, 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. 25029 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad