Neutral Citation No. - 2025:AHC:66019 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12820 of 2025 Applicant :- Faiyaz Ahmad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- Abhishek Goswami,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Deepak Kumar Tripathi, learned counsel for the applicant, Sri Pramod Kumar Singh holding brief of Sri Abhishek Goswami, learned counsel for the informant, 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. 0163 of 2025, under Sections 64(1) B.N.S. and Section 5(L)/6 POCSO Act, 2012, Police Station Kotwali Khalilabad, District Sant Kabir Nagar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and had subsequent to refuse to comply with the said promise. The family members of the applicant are even stated to have assaulted the informant and the other family members as they went to argue with him for getting the said marriage solemnized. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false. There is no medical corroboration of the incident. The applicant is 25 years old youth and the victim is stated to be about 16 years 8 months old. 6. It has been further stated that it is a matter of consensual relationship between the two. Had the victim been minor, the family members of the informant would not have agreed to get the said marriage solemnized, as such, it is a clear cut case of false implication. There is no criminal history of the applicant. The applicant is languishing in jail since 24.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration that it is a matter of consensual relationship 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. 9. Let the applicant- Faiyaz Ahmad, 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 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. 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 :- 29.4.2025 Priya [Justice Krishan Pahal] Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad