Neutral Citation No. - 2025:AHC:50132 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11409 of 2025 Applicant :- Mohammad Sohel Mansuri Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dev Prakash Sharma,Priyanka Devi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 22.3.2025. 3. Heard Ms. Priyanka Devi, learned counsel for the applicant as well as Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 13 of 2025, under Sections 65(1), 137(2), 87 B.N.S. and 3/4(2) POCSO Act, 2012 and 3(2)(5) S.C./S.T. Act (P.A.) Act, Police Station Kotwali Orai, District Jalaun, 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 the consenting party, as is evident from her statement recorded u/s 183 B.N.S.S. 6. The victim, by her looks, seems to be major, although she has stated her age to be 16 years. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 9.1.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application on the ground that as per Class 9th Certificate, date of birth of the victim is 10.7.2009, as such, she was 15 years, 5 months and 27 days old at the time of offence and her consent, if any, cannot be taken into consideration. 8. The Supreme Court in the case of Niranjan Singh and another vs. Prabhakar Rajaram Kharote and others AIR 1980 SC 785 has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself. 9. 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. 10. Let the applicant- Mohammad Sohel Mansuri, 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. 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 :- 8.4.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad