HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27040 of 2025 Court No. - 65 (Sl. No. 101 out of 269) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard Sri Rajesh Kumar Bind, learned counsel for the applicant, Sri Rahul Kumar Sharma, learned counsel for the informant, Ms. Alka Singh, learned counsel for opposite party no, 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. 242 of 2025, under Sections 127(2), 65(1) BNS and 4(2) of POCSO Act, Police Station Hathras Gate, District Hathras, during the pendency of trial. ARGUMENTS ON BEHALF OF APPLICANT: 4. The applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about 12 hours and there is no explanation of the said delay caused even though the applicant and the victim are stated to have been apprehended by the informant at the spot, thus, it is a clear-cut case of false implication. . 5. The victim is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S., whereby she along with the applicant were seen in a compromising state by the informant and on her seeing them, Versus Counsel for Applicant(s) : Akhilesh Kumar Shukla, Parth Sharma, Rajesh Kumar Bind Counsel for Opposite Party(s) : Alka Singh, G.A., Rahul Kumar Sharma Devendra .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) the instant FIR has been instituted. There is no sign of struggle by the victim and she did not raise any alarm, whatsoever. 6. It is stated in the FIR that informant took the victim as well as the applicant to the police station but the arrest of the applicant has been made about two hours after the institution of the FIR, that too, from an open place, which is accessible to public at large and the said place is Hatisha bridge on the Agra road, as such, the prosecution story as narrated in the FIR stands falsified. 7. The victim, by her physical appearance, seems to be major although her age is 14-15 years as per ossification test report. Applicant himself is 19 years old youth. In view of the inherent margin of error in such tests, it is urged that a leverage of two years on the upper side may be granted to the applicant while determining the age of the victim. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 23.6.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF STATE/INFORMANT: 9. The bail application has been opposed but the submissions raised by counsel for the applicant has not been opposed. CONCLUSION: 10. 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 FIR 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. 11. Let the applicant- Devendra, 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 BAIL No. 27040 of 2025 2 evidence or intimidate witnesses and shall appear before the trial court as required. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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. May 14, 2026 Shalini BAIL No. 27040 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad