Neutral Citation No. - 2025:AHC:78825 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12659 of 2025 Applicant :- Mizan Pathan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mazhar Abbas Zaidi,Sunil Kumar Yadav Counsel for Opposite Party :- Dharmendra Kumar Nirankari,G.A.,Sanjay 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 17.4.2025. 3. Compliance affidavit filed by learned A.G.A. is taken on record. 4. Heard Sri Sunil Kumar Yadav, learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. None is present on behalf of the informant. 5. Applicant seeks bail in Case Crime No. 0111 of 2024, under Sections 137(2), 87, 65(1) B.N.S. and 5/6J, (11) POCSO Act, Police Station Daraganj, District Prayagraj, during the pendency of trial. 6. 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 one day and there is no explanation of the said delay caused. 7. It is further stated that the victim is the consenting party, as is evident from her statement recorded u/s 183 B.N.S.S. and is major, being 18 years old. She was found pregnant at the time of her medical examination but the said pregnancy has been terminated, as mentioned in the compliance affidavit. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 3.12.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application but has not disputed the aforesaid submissions of learned counsel for the applicant. 10. 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 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. 11. Let the applicant- Mizan Pathan, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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 :- 14.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad