Neutral Citation No. - 2025:AHC:64815 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12727 of 2025 Applicant :- Babloo @ Babloo Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Adya Prasad Tewari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned A.G.A., notice has been served to the informant on 16.4.2025. 2. Heard Sri Prateek Shukla, learned Advocate holding brief for Sri Adya Prasad Tewari, learned counsel for the applicant as well as Sri A.K. Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 71 of 2025, U/S 65(1) B.N.S. and 3/4 POCSO Act, Police Station Khorabar, District Gorakhpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim on 1.2.2025. The corporeal relationship between the two is stated to have continued for about two months. 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. It is stated that FIR is delayed by two days from the last date of incident and by more than two months from the inception of the offence, and there is no explanation of the said delay caused. 6. There is no medical corroboration of the incident. As per the ossification test report, the victim is 15 years old. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 15.2.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application on the ground that the victim was 15 years old only, as such, her consent, if any, cannot be taken into consideration in the eyes of law. 9. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the FIR being delayed, as it is stated that the relationship continued for more than two months, coupled by the fact that there is no medical corroboration of the incident, 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- Babloo @ Babloo Kumar 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