Neutral Citation No. - 2025:AHC:65757 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12749 of 2025 Applicant :- Bablu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Harish Chandra Counsel for Opposite Party :- G.A.,Lal Prabhakar Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Harish Chandra, learned counsel for the applicant and Sri Lal Prabhakar Singh, learned counsel for the informant as well as Sri Abhishek Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 440 of 2024, U/S 64, 137(2), 87 B.N.S. and 5N/6 POCSO Act, Police Station Bilsi, District Budaun, during the pendency of trial. 4. As per prosecution story, on 13.11.2024, the applicant is stated to have enticed away the minor daughter of the informant, who happens to be his niece. 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 nineteen days and there is no explanation of the said delay caused. 6. Learned counsel has further stated that the victim is 18 years old and is the consenting party as per her statement recorded u/s 183 B.N.S.S. However, She is 17 years old as per ossification test report, as such, a leverage of two years may be granted to the applicant on the upper side. 7. It is true that the applicant is major and is married but the victim herself is married, as such, no offence against the applicant is made out. Even the offence of adultery, which was defined u/s 497 IPC is not made out, which has already been declared ultra vires and has not been added in the instant Bhartiya Nyay Sanhita, 2023. It is true that the relation between the applicant and the victim falls within the prohibited degrees and the applicant is a married person, but it has all been done with her consent, as such, the applicant is entitled for bail. 8. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 4.1.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant is the uncle (Fufa) of the victim and has misused his clout and during the subsistence of his marriage, he cannot establish corporeal relationship with any person and herein, the victim is his niece, as such, the applicant is not entitled for bail. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the age of the victim being 17 years as per ossification test report, there being no medical corroboration of the incident and she being the consenting party, 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. 11. Let the applicant- Bablu involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 13. 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 :- 28.4.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad