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Neutral Citation No. - 2025:AHC:117344 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11198 of 2025 Applicant :- Sheeshpal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amar Chandra,Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. The office report dated 1st May, 2025, dealt with in order dated 4th July, 2025 reveals that the informant has been informed. 2. None appeared for the informant/respondent no.2. 3. The present bail application has been moved by the applicant-accused Sheeshpal for the offence punishable under Section 363, 366 I.P.C. and Section 21/19 of POCSO Act, in Case Crime No. 241 of 2024, Police Station- Barkhera, District- Pilibhit. 4. Shri Amar Chandra, learned advocate appeared for the applicant and submits that the accused applicant has been falsely implicated in the present case when the F.I.R. has been registered after a delay of a month against anonymous persons disclosing the age of prosecutrix as 18 years in the F.I.R., which according to the statement of victim recorded under Section 183 B.N.S.S. is 20 years. It is further contended that the victim went with the accused on her own, who is a relative of the victim. The accused is in jail since September, 2024. The charge sheet has been submitted in this matter. The trial has begun and accused is facing trial. As such, he prays that the accused/applicant be enlarged on bail. 5. Per contra, learned A.G.A. has opposed the bail application and submits that the transfer certificate filed by the informant in the matter shows the age of victim being less than 17 years. The charge sheet has been submitted in this case. 6. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 7. The perusal of the record prima facie reveals that in the F.I.R., the age of victim is shown as 18 years; in the statement
of victim recorded under Section 183 B.N.S.S. the age of victim revealed is 20 years. The accused applicant is a relative of victim. The F.I.R. has been lodged with a delay of nearly a month. The charge sheet has been submitted in the matter. The accused applicant is languishing in jail since September, 2024. 8. Hence, without touching merit of the case, the bail application is allowed. 9.
Let the applicant be released on bail in the aforesaid case crime on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 18.7.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad