Neutral Citation No. - 2025:AHC:78791 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7055 of 2025 Applicant :- Harish Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.,Rajesh Kumar Gautam,Shambhavi Pandey Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Jitendra Singh, learned counsel for the applicant, Ms. Shambhavi Pandey, learned counsel for the opposite party no.4 and Sri Sunil Kumar Yadav, learned Advocate holding brief for Sri Rajesh Kumar Gautam, learned counsel for the informant as well as Sri R.P. Singh, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 256 of 2024, U/S 137(2), 87, 64, 352, 351(2) B.N.S. and 3/4 POCSO Act, Police Station Gambhirpur, District Azamgarh, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the minor sister of the informant aged about 14 years in the night of 4.7.2024. The victim is stated to have taken away Rs. 20,000/- and ornaments from her house. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. It is stated that FIR is delayed by one day and there is no explanation of the said delay caused. 6. It is next stated that as per ossification test report, the victim is above 18 years old. 7. Learned counsel has further stated that the consent of the victim can be drawn from the fact that she had taken away cash and ornaments alongwith her. Moreover, she did not raise any alarm while travelling all the way to Punjab and during her stay with him thereat. Although, she has stated that the applicant had forcibly married her by threatening to make her photographs viral on facebook but the said allegations have been made after legal consultation. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 7.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned State Law Officer, learned counsel for the informant and learned counsel for the opposite party no. 4 have vehemently opposed the bail application but have not disputed the fact that there is no criminal history of the applicant and the aforesaid submissions of learned counsel for the applicant. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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- Harish involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 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. Order Date :- 14.5.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad