Neutral Citation No. - 2025:AHC:60167 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12974 of 2025 Applicant :- Kapil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Salman Ahmad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Salman Ahmad, learned counsel for the applicant and Sri Sanjay Kumar Srivastava, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 115 of 2024, under Sections 137(2), 87, 64(2)m of BNS and Sections 5L/6 of POCSO Act and Section 3(2)(5) of SC/ST Act, Police Station - Rampura, District - Jalaun, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant on 06.09.2024 at about 02:00 PM. 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 one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS whereby she has stated that she had gone with the applicant all the way to Jhansi and thereupon to Indore and married him and also established corporeal relationship with him out of her sweet will. She has also expressed her willingness to spend her life with the applicant. The victim by her looks seems to be major although as per her school certificate, her age has come out to be 17 years 2 months, as such, a leverage of two years may be granted to the applicant on upper side. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 11.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that admittedly, the victim was minor, as such, her consent, if any, has no significance in the eyes of law. Learned counsel for the informant has also placed reliance upon the judgement of Supreme Court passed in X Vs. State of Rajasthan & Another, 2024 (0) Supreme (SC) 1106 whereby stern condition has been imposed. However, they could not dispute the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, delay in lodging the FIR 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 also considering her statement recorded u/s 183 BNSS indicating her consent, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Kapil, 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. 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:- 22.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad