Neutral Citation No. - 2025:AHC:67235 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8797 of 2025 Applicant :- Rahul Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Alok Ranjan Tripathi,Kamlesh Kumar Tripathi Counsel for Opposite Party :- G.A.,Manoj Kumar Mishra Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kamlesh Kumar Tripathi, learned counsel for the applicant, Sri Manoj Kumar Mishra, learned counsel for the informant, as well as Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 362 of 2024, under Sections 137(2), 87, 64(1) B.N.S. and 3/4 POCSO Act, Police Station Alhaganj, District Shahjahanpur, 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 FIR is delayed by eight days and there is no explanation of the said delay caused. 5. It is further stated that the victim is the consenting party, as is evident from her statement recorded u/s 183 B.N.S.S., whereby she has stated that she shall marry the applicant after attaining the age of majority, as she was marginally less than the said age. The pregnancy test was conducted and it was found negative. 6. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 23.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that as per School Certificate, the victim was minor. 8. 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 and the fact that the victim is the consenting party, as per her statement recorded u/s 183 B.N.S.S.,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- Rahul, 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 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. 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 :- 30.4.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad