Neutral Citation No. - 2025:AHC:66465 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12497 of 2025 Applicant :- Deepu Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rafeek Ahmad Khan Counsel for Opposite Party :- G.A.,Rajjan Verma Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rafeek Ahmad Khan, learned counsel for the applicant, Sri Rajjan Verma, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.28 of 2025, under Sections 64(2), 137(2), 351(3) B.N.S., 5/6 POCSO Act, 2012 and Section 3(2)V, 3(2)(Va) SC/ST Act, Police Station Kotwali Charkhari, District Mahoba, during the pendency of trial. 4. As per prosecution story, the daughter of the informant was found missing from the house on 11.02.2025 after 7:00 p.m. The victim was being searched by her family members and she could be traced on 12.02.2025 at about 4:00 p.m. in the jungle in an unconscious state and she narrated the story to her mother. 5. 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 9 days from the date of missing of the victim and is even delayed by about 8 days from the date of her recovery. There is no explanation of the said delay caused. There is no medical corroboration of the incident. 6. Learned counsel for the applicant has further argued that the statement of the victim recorded under Section 183 B.N.S.S. does say that she observed pain in her abdomen on 14.02.2025 and she was taken to District Hospital, Mahoba for medical examination on 15.02.2025, but she has not stated that she was inflicted any injuries by the applicant. The victim is more than 17 years old as per her school certificate. There is no criminal history of the applicant. The applicant is languishing in jail since 25.02.2025 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. and learned counsel for the informant have 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- Deepu Kushwaha, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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