Neutral Citation No. - 2025:AHC:63734 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12581 of 2025 Applicant :- Rajesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anurag Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 15.04.2025 but none is present on behalf of the informant. 2. Heard Sri Anurag Tripathi, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 132 of 2019, under Sections 363, 366, 376 of IPC and Sections 3/4 of POCSO Act, Police Station - Sevrahi, District - Kushinagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 164 Cr.P.C. whereby she has expressed her willingness to stay with the applicant only, as such, it is a clear cut case of false implication. 5. Learned counsel has further stated that the victim is major aged about 19 years. There is no criminal history of the applicant. The applicant is languishing in jail since 14.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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. 8. Let the applicant- Rajesh, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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:- 25.4.2025 Siddhant (Justice Krishan Pahal Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad