Neutral Citation No. - 2025:AHC:68945 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14587 of 2025 Applicant :- Dhiraj Kumar Rathaur @ Dhiraj Rathaur Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dileep Kumar Gautam,Kumar Parikshit,Nitesh Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Kumar Parikshit, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Learned A.G.A. has informed that the notice to the informant has been served on 14.04.2025. 5. Applicant seeks bail in Case Crime No.0054 of 2025, under Section 65(1) B.N.S. and 5L/6 POCSO Act, Police Station Manduadeeh, District Varanasi, during the pendency of trial. 6. 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 four days and there is no explanation of the said delay caused. The victim is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S. She by her looks seems to be major, although she is stated to be 17 years old as per her own statement. 7. Learned counsel for the applicant has further argued that 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. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of the FIR and the fact that the victim seems to be a consenting party, 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. 10. Let the applicant- Dhiraj Kumar Rathaur @ Dhiraj Rathaur, 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. 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 :- 1.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad