Neutral Citation No. - 2025:AHC:68020 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7624 of 2025 Applicant :- Salman Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hasan Parvej Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Compliance affidavit filed by learned State Law Officer indicates that the victim has refused her medical examination. 3. Heard Sri Ehtasam Afsar Khan, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 4. Learned A.G.A. has informed that the notice to the informant has been served on 02.03.2025. 5. Applicant seeks bail in Case Crime No.159 of 2024, under Sections 363, 366, 376(2)(n) I.P.C., Section 5(L)/6 POCSO Act and Section 3/5 U.P. Prohibition of Unlawful Conversion of Religion Act, Police Station Subhash Nagar, District Bareilly, during the pendency of trial. 6. As per prosecution story, the FIR was instituted against unknown person regarding missing minor daughter of the informant aged about 17 years. 7. 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 two days and there is no explanation of the said delay caused. The victim is a consenting party as is but evident from her statement recorded under Section 164 Cr.P.C., whereby she had gone with the applicant to a temple and from there had boarded on a train and went to Himachal Pradesh. 8. Learned counsel for the applicant has further argued that the victim had earlier on also eloped with the applicant and the applicant is on bail in the said case. The victim is 17 years old and by her looks, she seems to be major. There is no medical corroboration of the incident as the victim has refused her medical examination. Learned counsel has further stated that the criminal history of two cases assigned to the applicant stands explained. The applicant is languishing in jail since 02.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 11. 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 the FIR is delayed by about two days and there being no medical corroboration of the incident, 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. 12. Let the applicant- Salman, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 30.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad