Neutral Citation No. - 2025:AHC:40664 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8679 of 2025 Applicant :- Pravendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Satyaveer Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Satyaveer Singh, learned counsel for the applicant and Sri Ram Jatan Yadav, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 270 of 2023, under Sections 363, 366, 376, 342, 467, 468, 471, 420, 120-B, 323, 506 of IPC and Sections 3/4 of POCSO Act, Police Station Kasganj, District Kasganj, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant, aged about 17 years, on 03.02.2023 at about 10:30 PM in a bolero car. The applicant is stated to have even forged certain documents and got the marriage registered at Ghaziabad. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about two months and there is no explanation of the said delay caused. Even the application u/s 156(3) Cr.P.C. has been moved after a delay of one month 25 days and there is no explanation of said delay also. 6. Learned counsel has also stated that the victim by her looks seems to be major and as per ossification test report, her age has come out to be 18 years, as such, a leverage of two years may be granted to the applicant on upper side. The victim has already been married by her parents despite being married to the applicant before the Registrar of Marriages at Ghaziabad. The applicant and the victim have also approach this Court and filed a petition seeking protection and an interim protection has also been granted to them vide order dated 29.08.2023. It is also stated that there is no medical evidence to corroborate the prosecution story. 7. 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 13.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim was minor at the time of offence. The applicant has used his clout and committed rape with her. The victim has categorically stated that she was forced to sign certain documents by the applicant, as such, he is not entitled for bail. However, they could not dispute the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the FIR is delayed and also 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. 10. Let the applicant- Pravendra, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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:- 20.3.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad