Neutral Citation No. - 2025:AHC:55473 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10158 of 2025 Applicant :- Sarman Alias Shravan Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sudhanshu Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. As informed by learned AGA, notice to the informant has been served on 03.04.2025 but none is present on behalf of the informant. 3. Heard Sri Gaurav Gupta holding brief of Sri Sudhanshu Pratap Singh, learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 32 of 2023, under Sections 363, 366, 376 I.P.C and Section 5J(2)/6 of POCSO Act, Police Station Mangalpur, District Kanpur Dehat, 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 a consenting party as is but evident from her statement recorded u/s 183 B.N.S.S. She has stated that applicant has married her and she has expressed her willingness to stay with him only. She has given birth to baby girl. Victim is stated to be minor but by her looks she is major. 6. It has been further stated that the applicant is languishing in jail since 17.12.2024 and he has no criminal history. 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 AGA 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- Sarman @ Shravan Kumar, 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. 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 :- 16.4.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad