Neutral Citation No. - 2025:AHC:68536 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13258 of 2025 Applicant :- Mukesh Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vijay Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice has been served to the informant on 21.4.2025. 2. Heard learned counsel for the applicant as well as Ms. Ifrah Islam, learned State Law Officer, and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 337 of 2023, U/S 363, 376(3) IPC, and 3/4(2) of POCSO Act, Police Station Titavi, District Muzaffar Nagar, 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 6.11.2023 at about 12.00 noon. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. It is stated that FIR is delayed by one month and there is no explanation of the said delay caused. 6. Learned counsel has further stated that the victim is the consenting party, as is evident from her statement recorded u/s 164 Cr.P.C., whereby she has categorically stated that she had apprehension that she might be put to death by her parents. Had she not eloped from her house, it would have been the case of honour killing. The victim had earlier on also, gone with the applicant and an FIR was instituted by the informant on 9.5.2022, in which he has been granted bail by the trial court itself. The victim is 19 years old as per her own statement recorded u/s 164 Cr.P.C. 7. There is no other criminal history of the applicant, except the said case instituted against him by the same informant. The applicant is languishing in jail since 17.1.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application but has not disputed the aforesaid submissions of learned counsel for the applicant. 9. In the case of Prabhakar Tewari Vs. State of U.P. and another, (2020) 11 SCC 648, the Supreme Court has observed that pendency of several criminal cases against an accused by itself cannot be a basis for refusal of bail. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the delay in FIR and the statement recorded u/s 164 Cr.P.C., 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. 11. Let the applicant- Mukesh Kumar involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 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 :- 1.5.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad