Neutral Citation No. - 2025:AHC:72461 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13776 of 2025 Applicant :- Shani Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Achyut Jee 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 26.04.2025 but none is present on behalf of the informant even in the revised call. 3. Heard Sri Achyut Jee, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 294 of 2024, under Sections 65(1), 137(2), 87 of BNS and Section 5L/6 of POCSO Act, Police Station Sahatwar, District Ballia, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party as is but evident from her statements recorded U/s 180 and 183 B.N.S.S. She has stated in her statement to be in love with the applicant. The victim by her looks seems to be major, although fictitious document has been furnished regarding her age whereby certificate of the Principal has been provided and her date of birth as mentioned is 01.01.2010, as such her age has come up to be 14 years, 11 months and 10 days on the date of incident. The said document is hit by Section 94 of the Juvenile Justice (Care and Protection of Children) Act. It is next stated that there is no medical corroboration of the incident. 6. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 28.01.2025 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. Learned State Law Officer has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the statements of the victim recorded under sections 180 and 183 BNSS coupled by the fact that there is no medical corroboration and 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. 9. Let the applicant- Shani Kumar, 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. 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 :- 6.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad