Neutral Citation No. - 2025:AHC:83010 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11706 of 2025 Applicant :- Vashupalli Vikram Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jai Kishan,Vipin Kumar 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 7.4.2025. 3. The ossification test report of the victim has been received in compliance of order dated 25.4.2025. As per the report, she is 16- 17 years old. The report be returned to the office of the concerned C.M.O. after retaining the photocopy thereof. 4. Heard Sri Vipin Kumar, learned counsel for the applicant as well as Sri D.K. Singh, learned A.G.A. for the State and perused the material placed on record. 5. Applicant seeks bail in Case Crime No. 143 of 2022, under Sections 363, 376 IPC and 3/4 POCSO Act, Police Station Kotwali Nagar, District Etah, during the pendency of trial. 6. As per prosecution story, the applicant, in collusion with the co- accused person, Anmol, is stated to have enticed away the minor daughter of the informant on 10.3.2022 at about 7.00 pm. 7. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about one day and there is no explanation of the said delay caused. 8. It is further stated that the victim is the consenting party, as she has travelled with the applicant by train all the way to Odisha and has also visited to several places and did not raise any alarm during the said sojourn. The victim further stated in her statement recorded u/s 164 Cr.P.C. that she had taken away several ornaments with her, which have been retained by the sister of the applicant, which indicates her consent. 9. As per ossification test report, the victim is 16-17 years old, as such, a leverage of two years may be granted to the applicant on the upper side. 10. There is no criminal history of the applicant. The applicant is languishing in jail since 6.2.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 11. Learned A.G.A. has vehemently opposed the bail application but has not disputed the aforesaid submissions of learned counsel for the applicant. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the fact that the victim is the consenting party, her statement recorded recorded u/s 164 Cr.P.C. and the delay in institution of FIR, 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- Vashupalli Vikram, 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 :- 19.5.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad