Neutral Citation No. - 2025:AHC:118598 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11277 of 2025 Applicant :- Anek Babu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Alpika Srivastava,Neeraj Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Kunwar Tejendra Bahadur, learned AGA for the State apprised the Court that on 10.04.2025 notice has been served to the informant of the case. Despite service of notice, none appeared on behalf of the informant. 2. Heard Sri Neeraj Srivastava, learned counsel for the applicant and Sri Kunwar Tejendra Bahadur, learned AGA for the State- respondent. 3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 260 of 2024, under Sections 352, 351(2), 64 BNS and 3/4 POCSO Act, Police Station- Jamunapar, District- Mathura, during pendency of the trial in the court below. 4. Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 12.12.2024 but he is pressing the instant second bail application on the ground that in the present matter, applicant is in jail since 24.09.2024 i.e. for last more than 10 months and till date, even statement of complainant could not be completed and her cross examination is under way and for the first time in June, 2025, she appeared before the trial court. 5. He further submitted that even as far as merit of the present case is concerned, admittedly victim of the case is aged about 16 years and 8 months' and from her both the statements recorded during investigation, it reflects, she was consenting party, however, as applicant did not take the defence of consent, therefore, his first bail application was dismissed. 6. He further submitted that applicant is a sport person and he participated in State level as well as National level Karate Championships and if he will remain in jail any further then his entire sport career will be ruined. 7. Per contra, learned AGA opposed the prayer for bail and submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court but could not dispute the fact that victim was around 17 years' old and from her both the statements recorded during investigation, she appears to be consenting party. He further could not dispute the fact that applicant is State level sport person and he is 24 years' old and he is in jail in the present matter for last more than 10 months. 8. I have heard learned counsel for the parties and perused the record of the case. 9. However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court but applicant is a sport person and he participated in State level as well as National level Karate Championships and is in jail in the present matter for last more than 10 months. 10. Further, victim is aged about 17 years and from her both the statements recorded during investigation, it reflects, she was consenting party. 11. Further, however, applicant is detained in jail since 10.09.2024 but victim appeared before the trial court only in the month of June, 2025, therefore, considering the slow pace of trial possibility of its early disposal appears to be quite remote. 12. Further, apart from the present case, applicant is not having any other criminal history. 13. Further, law is settled, unless proven guilty, an accused is deemed to be innocent and bail application of an accused should not be dismissed for punitive purpose. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 15. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 16. Let the applicant- Anek Babu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 17. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 18. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 21.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad