Neutral Citation No. - 2025:AHC:68673 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10231 of 2025 Applicant :- Prashant Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rahul Saxena 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 12.03.2025 but none is present on behalf of the informant. 2. Compliance affidavit filed today by learned AGA is taken on record. 3. Heard Sri Rahul Saxena, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and also perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 152 of 2024, under Sections 137(2), 65(1) of BNS and Sections 3/4(2) of POCSO Act, Police Station - Sehramau Uttari, District - Pilibhit, 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. He has nothing to do with the said offence as alleged in the FIR. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS. 6. Learned counsel has further stated that the victim by her looks seems to be major although as per ossification test report, her age has come out to be 19 years, as such, she is major. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 25.12.2024 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 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also considering the age of the victim and her statement recorded u/s 183 BNSS which indicates her consent, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Prashant, 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:- 1.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad