Neutral Citation No. - 2025:AHC:84812 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12786 of 2025 Applicant :- Gunjan Alias Pratap Pathak Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raman Deep Sarna,Satendra Bahadur Yati Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Satendra Bahadur Yati, learned counsel for the applicant, Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 4. Learned A.G.A. has informed that the notice to the informant has been served on 12.04.2025. 5. Applicant seeks bail in Case Crime No.161 of 2024, under Sections 363, 376(3), 504, 506 I.P.C., 3(2)5, 3(1)द, 3(1)ध SC/ST Act and Section 3/4(2), 5J(ii)/6 POCSO Act, Police Station Chopan, District Sonbhadra, 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 about three months and there is no explanation of the said delay caused. The victim is a consenting party as far as her statement recorded under Section 183 is concerned. She is 16 years old as per high-school certificate. She was found pregnant at the time of her medical examination and she has given birth to a baby girl. 7. Learned counsel for the applicant has further argued that the applicant and his family members are ready to take care of the victim and her daughter duo who is living in the Women Welfare Home. An affidavit has been filed by the father of the applicant to the effect. There is no criminal history of the applicant. The applicant is languishing in jail since 19.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application. 9. 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 the fact that the applicant is ready to take care of the victim and her daughter duo, 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. 10. Let the applicant- Gunjan Alias Pratap Pathak, 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 during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 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 :- 20.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad