Neutral Citation No. - 2025:AHC:67689 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13053 of 2025 Applicant :- Rajesh Banwasi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kamla Singh,Vijay Shanker Singh 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 18.04.2025 but none is present on behalf of the informant. 2. Heard Sri Kamla Singh, 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. 105 of 2024, under Sections 65(1), 351(2), 352 of BNS and Sections 5L/6 of POCSO Act, Police Station - Nonhara, District - Ghazipur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim on 13.08.2024. There is no time of offence mentioned in the FIR. 5. 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. The FIR is delayed by about eight days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS. It is true that the victim is minor aged about 15 years old. There is no medical corroboration of the incident as she was not found pregnant and even no injury was observed by the doctor on the body of the victim. There is no criminal history of the applicant. The applicant is languishing in jail since 24.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also the fact that the FIR is delayed by about eight days coupled by the fact that there is no injury observed by the doctor conducting the medical examination of the victim, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Rajesh Banwasi, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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:- 30.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad