Neutral Citation No. - 2025:AHC:51299 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8370 of 2025 Applicant :- Vishal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Kumar,Yadavendra Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that the notice to the informant has been served on 09.03.2025. 3. Heard Sri Yadvendra Dwivedi, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 220 of 2024, under Sections 65(1), 137(2) B.N.S. & Section 3/4(2) POCSO Act, Police Station Nonahara, District Ghazipur, during the pendency of trial. 5. 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 the consenting party as is but evident from her statement recorded u/s183 B.N.S.S. The victim by her physical appearance seems to be major although, as per ossification test report, her age has come up to be 16-17 years. The FIR is delayed by about two days and there is no explanation of the said delay caused. 6. It has been further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 17.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 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- Vishal, 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 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 :- 9.4.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad