Neutral Citation No. - 2025:AHC:74395 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8266 of 2025 Applicant :- Sugreev Nishad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned A.G.A., notice has been served to the informant on 10.3.2025. 2. Heard learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 598 of 2024, U/S 137(2), 65(1) B.N.S., 2023 and 3/4 of POCSO Act, 2012, Police Station AIIMS, District Gorakhpur, during the pendency of trial. 4. The FIR was instituted by the informant regarding her missing daughter since 16.12.2024 at about 7.30 pm. 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. He is not named in the FIR. It is stated that FIR is delayed by about one day and there is no explanation of the said delay caused. 6. Learned counsel has further stated that there are several contradictions in the statements of the victim recorded u/s 180 and 183 B.N.S.S. 7. The recovery of the victim is fake, as she has stated that she called the police and her mother and she was retrieved by them, while as per recovery memo, she is stated to have been recovered from the railway station. 8. Learned counsel has further stated that the victim seems to be the consenting party, as she is not sure about the date of offence and had not raised any alarm, whatsoever, and stayed with the applicant for about two days in a room. 9. The victim, by her looks, seems to be major, although as per ossification test report, she is 15 years old. 10. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 31.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 11. Learned A.G.A. has vehemently opposed the bail application but has not disputed the fact that there is no criminal history of the applicant and the aforesaid submissions of learned counsel for the applicant. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the delay in institution of FIR, the contradiction in the statements of the victim recorded u/s 180 and 183 B.N.S.S. and she being the consenting party, 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. 13. Let the applicant- Sugreev Nishad 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. 14. 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. 15. 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 :- 8.5.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad