Neutral Citation No. - 2025:AHC:89862 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13775 of 2025 Applicant :- Prabhat Patel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vipin Gangwar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 29.4.2025. 3. Compliance affidavit filed by learned A.G.A. is taken on record. 4. Heard learned counsel for the applicant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 5. Applicant seeks bail in Case Crime No. 461 of 2024, under Sections 65(1), 351(2) B.N.S. and 5(j)(ii)/6 POCSO Act, Police Station Premnagar, District Bareilly, 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 itself is delayed and there is no explanation of the said delay caused. The allegations are per se false. 7. It is further stated that the pregnancy of the victim was observed by her mother, as such, her ultrasound examination was conducted and she was found pregnant by about one and a half months and it was revealed that the applicant had spiked her cold drink and had committed rape with her about two months before the institution of the FIR. The pregnancy of the victim has been terminated at the behest of her parents. 8. It is further argued that the victim is the consenting party, as is evident from the circumstances. 9. The victim is stated to be 16 years and 4 months old as per High School certificate but by her looks, she seems to be major, as such, a leverage of two years may be granted to the applicant on the upper side. 10. There is no criminal history of the applicant. The applicant is languishing in jail since 24.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 11. Learned A.G.A. has vehemently opposed the bail application but has not disputed the aforesaid submissions of learned counsel for the applicant. 12. In the judgement of Supreme Court passed in Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673, it has been stated that it is more often in the Indian Society that person shows the age of their wards much below than their actual age. In the case of Brij Mohan Singh vs. Priya Brat Narain Sinha, AIR 1965 SC 282, this Court, inter alia, observed that in actual life it often happens that persons give false age of the boy at the time of his admission to a school so that later in life he would have an advantage when seeking public service for which a minimum age for eligibility is often prescribed. 13. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the fact that the victim is the consenting party and the delay in institution of FIR, 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. 14. Let the applicant- Prabhat Patel, 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. 15. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 16. 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 :- 27.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad