HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 42706 of 2025 Court No. - 65 (Sr. No.118 out of 269) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Counter affidavit filed by learned A.G.A. is taken on record. 2. Heard Sri Yatharth Nath Pathak, learned counsel for the applicant, Sri Rajesh Singh, learned counsel for the informant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.0317 of 2024, under Sections 137(2), 87, 64 BNS and 3/4 POCSO Act, Police Station Tarkulwa, District Deoria, during the pendency of trial. 4. 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 a consenting party, as she had gone with the applicant and stayed in Haryana for several days, and she has not levelled any allegations of rape against the applicant. There is no medical corroboration of the incident either. The victim is stated to be 15 years old as per the school certificate, but there is no valid document to suggest that she was minor. She has been examined during the trial, and she has not supported the prosecution story either. The applicant has no criminal history and is in jail since 11.11.2024. He undertakes to cooperate with the trial and not misuse the liberty of bail. 5. Learned counsel for the informant and learned State Law Officer have Versus Counsel for Applicant(s) : Yatharth Nath Pathak Counsel for Opposite Party(s) : G.A., Rajesh Singh, Satyendra Kumar Pal Suraj Prasad .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that the victim appears to be a consenting party as per her statement recorded under Section 183 BNSS, and the fact that there is no medical corroboration of the incident, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Suraj Prasad, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. May 14, 2026 (Ravi Kant) BAIL No. 42706 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad