Neutral Citation No. - 2025:AHC:86405 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12105 of 2025 Applicant :- Rahul Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Phool Singh Yadav,Vaibhav Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice has been served to the informant on 8.4.2025. 2. Heard Sri Vaibhav Yadav, learned counsel for the applicant as well as Sri R.P. Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 102 of 2023, U/S 363, 366, 376D IPC and 5/6 POCSO Act, Police Station Kalyanpur, District Fatehpur, during the pendency of trial. 4. The FIR was instituted against unknown persons regarding missing daughter of the informant since 5.4.2023 at about 11.00 am. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. FIR is delayed by three days and there is no explanation of the said delay caused. 6. Learned counsel has further argued that the victim seems to be the consenting party, as she has travelled with the applicant all the way to Haryana and stated that on being asked by the police, the applicant had dropped her at Kashmiri Gate, Delhi. The said story has been concocted by the victim by stating that she was given certain sweets which were spiked. 7. The victim seems to be major by her physical appearance, although she is 17 years old as per her own statement. 8. The informant has been examined during trial as PW-1 and she has not supported the prosecution story. She has completely resiled from her earlier statement and has been cross-examined by the public prosecutor after declaring her hostile. There is no likelihood of conviction of the applicant in the present case. The fundamental rights of the applicant as enshrined in Article 21 of the Constitution of India stand violated. 9. The victim has not appeared before the Court concerned despite being issued several processes. 10. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.6.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 11. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the fact that there is no criminal history of the applicant and the witness has turned hostile. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the delay in institution of FIR, the fact that the victim is the consenting party and that the witness has turned hostile, 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. 13. Let the applicant- Rahul 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. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. 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 :- 22.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad