Neutral Citation No. - 2025:AHC:64920 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10096 of 2025 Applicant :- Kamlesh Alias Rajesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 19.03.2025 but none is present on behalf of the informant. 2. Heard Sri Ajay Kumar Vashistha, learned counsel for the applicant and Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in S.C. No. 908 of 2022 arising out of Case Crime No. 369 of 2022, under Sections 363, 366, 328, 376AB, 120-B of IPC and Sections 5/6 & 11/12 of POCSO Act, Police Station - Kasganj, District - Kasganj, during the pendency of trial. 4. The FIR was instituted by the informant stating that one Ashish had enticed his minor daughter away near roadways bus stand on 13.06.2022 at about 11:00 AM. 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. 6. Learned counsel has stated that the FIR is delayed by about three days and that too against one Ashish and the applicant is not named in it. The name of the applicant has come up for the first time in the statement of the victim recorded before the doctor conducting her medical examination whereby she has stated that she had called her parents from the mobile taken from the applicant, which was undertaken on 18.06.2022. Subsequently, on 20.06.2022, her statement has been recorded u/s 164 Cr.P.C. whereby she has not whispered a single word against the applicant rather she has stated that she does not know the name of the applicant. 7. Under such circumstances, the question arises that as to how the name of the applicant found mentioned in her statement recorded before the doctor and that too two days prior to the recording of her statement u/s 164 Cr.P.C. Even there is no test identification parade conducted as per Section 9 of Indian Evidence Act, as such, it is a clear cut case of false implication. There is no medical corroboration of the incident. It is further stated that as per ossification test report, the age of the victim has come up to be 18 years old. There is no criminal history of the applicant. The applicant is languishing in jail since 30.12.2024 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 has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also 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 evidence on record and the fact that the delay in lodging the FIR coupled by the fact that the applicant is not named in it, even no test identification parade was conducted and also the victim was found major as per ossification test report, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Kamlesh Alias Rajesh, 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:- 28.4.2025/Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad