Neutral Citation No. - 2025:AHC:65971 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14011 of 2025 Applicant :- Ram @ Ramji Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 18.4.2025. 3. Heard Sri Manvendra Singh, learned counsel for the applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.356 of 2024, under Sections 363, 366, 376, 506 I.P.C., 5/6 POCSO Act and 3(2)(v), 3(2)(va) SC/ST Act, Police Station- Bindki, District- Fatehpur, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about six months and there is no explanation of the said delay caused. The statement of the victim recorded U/s 183 B.N.S.S. is self-contradictory as at one hand she stated that she was forced to marry the applicant and she was raped upon and on the other hand she stated that she wants to live with the applicant only but his parents are not ready to take her because of different castes of the two. 6. Learned counsel for the applicant has further stated that the victim by her looks seems to be major, although she is stated to be 16 years old as per the academic record. The applicant himself is a youth of 23 years. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 15.1.2025 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 and taking into consideration the delay of six months 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. 9. Let the applicant- Ram @ Ramji, 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. 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad