Neutral Citation No. - 2025:AHC:68533 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13155 of 2025 Applicant :- Sahbaz Khan Alias Kallu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rafeek Ahmad Khan 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 20.04.2025 but none is present on behalf of the informant. 2. Heard Sri Rafeek Ahmad Khan, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 28 of 2025, under Sections 64, 87, 137(2) of BNS, Sections 3/4 of POCSO Act and Sections 3(2)V, 3(2)(Va) of SC/ST Act, Police Station - Kabrai, District - Mahoba, during the pendency of trial. 4. 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. 5. Learned counsel has also stated that the victim is the consenting party as is but evident from the fact that she had gone with the applicant to several places including Rewa which is far away from her native place. She has not raised any alarm whatsoever during the said sojourn. 6. Learned counsel has further argued that the victim by her looks seems to be major although she is 17 years old as per her own statement. The matter of consensual relationship has been converted into the criminal case by the victim. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 26.02.2025 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. 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 the fact that the FIR is delayed by two days coupled by the fact that the victim had gone with the applicant to Rewa and has not raised any alarm during the said journey which indicates her consent, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Sahbaz Khan Alias Kallu, 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:- 1.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad