Neutral Citation No. - 2025:AHC:83020 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12509 of 2025 Applicant :- Happy Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mashhood Abbas Counsel for Opposite Party :- G.A.,Ram Swaroop Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mashhood Abbas, learned counsel for the applicant and Sri Ram Swaroop, learned counsel for the informant as well as 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. 23 of 2025, U/S 70(2), 127(2), 351(2), 137(2) B.N.S. and 4(2) POCSO Act, Police Station Thana Bardah, District Azamgarh, during the pendency of trial. 4. The FIR was instituted against the applicant and one co-accused person regarding the victim, aged about 14 years old, being gang- raped by the applicant and the co-accused person in the morning of 24.1.2025 at about 4.00 am. 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 more than two days and there is no explanation of the said delay caused. 6. Learned counsel has further argued that the story stands falsified from the statement of the victim recorded u/s 183 B.N.S.S., whereby she has stated that she has married the applicant in a temple and has expressed her willingness to stay with him only. The victim has categorically denied in negative the questions being put by the Magistrate regarding being forced upon by the applicant, as such, he is entitled for bail. 7. It is further argued that the victim is 16-17 years old as per ossification test report, as such, a leverage of two years may be granted to the applicant on the upper side. 8. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 27.1.2025. 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 fact that there is no criminal history of the applicant and 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 delay in institution of FIR and the statement of the victim recorded u/s 183 B.N.S.S., 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- Happy 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 :- 19.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad