Neutral Citation No. - 2025:AHC:39581 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7350 of 2025 Applicant :- Mohammad Usman Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Furquan Ahmad (Alvi) Counsel for Opposite Party :- G.A.,Ramesh Chandra Pathak Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Furquan Ahmad (Alvi), learned counsel for the applicant, Sri Dilip Kumar Vishwakarma, Advocate holding brief of Sri Ramesh Chandra Pathak, learned counsel for the informant, Sri Varun Pratap Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.150 of 2024, under Sections 137(2), 87, 65(1) B.N.S.S. and 5(L)/6 POCSO Act, Police Station Gaur, District Basti, 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 has gone with the applicant to several places including Lucknow and has not raised any alarm whatsoever, rather she has stated that it was a consensual relationship. She by her looks seems to be major. Learned counsel has further stated that as per the statement of the victim, her date of birth is 27.07.2009. 5. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 09.11.2024 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 counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that as per school certificate, the victim was about 14 years old and being a minor, her consent has no significance. 7. The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and Others, AIR 1980 SC 785 has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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. 9. Let the applicant- Mohammad Usman, 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 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. 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 :- 19.3.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad