Neutral Citation No. - 2025:AHC:65943 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11897 of 2025 Applicant :- Akash Khedkar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Varun Kumar Chaubey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Varun Kumar Chaubey, learned counsel for the applicant, Sri R.M. Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 15.04.2025. 4. Applicant seeks bail in Case Crime No.212 of 2024, under Sections 363, 366, 376 I.P.C. and 5J(ii)/6 POCSO Act, Police Station Ramkola, District Kushinagar, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is not named in the FIR and has been falsely implicated in the present case. The FIR is delayed by about ten days and there is no explanation of the said delay caused. The victim in her statement recorded under Section 164 Cr.P.C. has stated that the named accused persons, namely, Vikky Kharwar and Sachin, had left her at Surat Railway Station and she met the applicant there and married him. 6. Learned counsel for the applicant has further argued that the victim has not allayed any allegations against the applicant. She by her looks seems to be major, although she is stated to be 17 years old as per her own statement. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 30.01.2025 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. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of the FIR and there being no medical corroboration of the incident, and 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. 9. Let the applicant- Akash Khedkar, 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. 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 :- 29.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad