Neutral Citation No. - 2025:AHC:73695 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13976 of 2025 Applicant :- Sonu Saxena Opposite Party :- State Of U.P. And 3 Others.. Counsel for Applicant :- Krishna Gopal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Krishna Gopal, learned counsel for the applicant and Sri Devashish Mitra, learned counsel for the informant as well as Sri Rajendra Prasad Singh, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 797 of 2024 , under Sections 137(2), 87, 64(2)M, 65(1) of BNS and Sections 3/4(2), 5(L)/6 of POCSO Act, Police Station Izzatnagar, District Bareilly, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant, on 29.08.2024 at about 10:30 a.m. 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 months and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS. Although, as per school certificate of Class-IXth, she is minor aged about 15 years but the said document has no evidentiary value in the light of Section 94 of the Juvenile Justice (care and protection of children) Act. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 22.02.2025 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. Per contra, learned State Law Officer and learned counsel for the informant have 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 and taking into consideration the delay in FIR as well as statement of the victim recorded under Section 183 BNSS, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Sonu Saxena , 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall 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 :- 7.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad