Neutral Citation No. - 2025:AHC:72494 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12772 of 2025 Applicant :- Sanjeev Prajapati @ Sandeep Prajapati Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rama Kant Yadav,Satyendra Vishwakarma Counsel for Opposite Party :- G.A.,Shashank Kumar Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Satyendra Vishwakarma, learned counsel for the applicant, Sri Rishu Bhartiya, holding brief of Sri Shashank Kumar, learned counsel for the informant and Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 89 of 2024, under Sections 363, 366, 376(3) I.P.C. and section 5L/6 of POCSO Act, Police Station Karimuddinpur, District Ghazipur, 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. The victim is a consenting party as is but evident from her statement recorded U/s 183 B.N.S.S. The victim by her looks seems to be major and as per the ossification test report also her age has come out to be between 18-19 years. It is further stated that there is no medical corroboration of the said incident. 5. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 20.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned counsel for the informant as well as learned A.G.A. have vehemently opposed the bail application. 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 fact that there is no medical corroboration of the incident coupled by the fact that the victim is major 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- Sanjeev Prajapati @ Sandeep Prajapati, 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. 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 :- 6.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad