Neutral Citation No. - 2025:AHC:69875 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13552 of 2025 Applicant :- Omkar Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rahul Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 18.04.2025 but none is present on behalf of the informant. 2. Heard Sri Mahendra Tripathi, Advocate holding brief of Sri Rahul Shukla, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 1107 of 2024, under Sections 137(2), 70(1) of BNS and Sections 5(g)/6 of POCSO Act, Police Station - Nandgram, District - Ghaziabad, during the pendency of trial. 4. The FIR was instituted by the informant regarding his missing daughter since 20.12.2024 at about 12 Noon. 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 two days and there is no explanation of the said delay caused. The applicant is not named in it. 6. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 180 BNSS but subsequently in the supplementary statement recorded u/s 180 and then 183 BNSS, she has nominated the applicant and one another person with the allegations that they have committed gang rape with her in a hotel. It is argued that the story as narrated subsequently after legal consultations cannot be believed as victim has stated that she was kept captive in the hotel room with the applicant for four days and she was raped by him several times. 7. Learned counsel has further stated that the victim by her looks seems to be major although she is stated to be 17 years old. Her age has deliberately been suppressed by the informant just to lodge the instant case under the POCSO Act. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 31.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the age of the victim and the statements of the victim recorded u/s 180 & 183 BNSS and also there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Omkar Chauhan, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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:- 2.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad