Neutral Citation No. - 2025:AHC:67327 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13025 of 2025 Applicant :- Arif Urf Gore Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahfooz Ahmad,Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rajesh Kumar Singh, learned counsel for the applicant and Sri Shiv Pratap Singh Rana, learned counsel for the informant as well as Sri Kushargra Srivastava, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 311 of 2024, under Section 65(2)(M) of BNS and Sections 5L/6 of POCSO Act, Police Station - Bidhanu, District - Kanpur Nagar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim on 16.10.2024 at about 10 AM. He is even stated to have established corporeal relationship with her for about two years on the false promise of marriage. 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 from the date of alleged incident of rape and there is no explanation of the said delay caused. The allegations are per se false. 6. Learned counsel has also stated that it is true that the age of the victim is 16 years but it is a clear cut case of false implication. The applicant is the resident of same village and he himself is a 22 years old youth. It is argued that the matter of consensual relationship has been converted into criminal case by the victim. There is no medical corroboration of the incident. 7. Learned counsel has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 19.10.2024 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 State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim was minor, as such, her consent, if any, has no significance in the eyes of law. However, they could not dispute the fact that the applicant has no criminal history. 9. The Supreme Court in Pramod Suryabhan Pawar vs. State of Maharashtra and Another, 2019 (9) SCC 608 and Ansaar Mohammad vs. State of Rajasthan and Another, 2022 SCC OnLine SC 886, has stated that entering into any kind of corporeal relationship with a person on the false promise to marry cannot be termed as rape. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the age of the victim and also the judgement of Supreme Court passed in Pramod Suryabhan Pawar (supra) and Ansaar Mohammad (supra), I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Arif Urf Gore, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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:- 30.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad