Neutral Citation No. - 2025:AHC:82447 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13425 of 2025 Applicant :- Israr @ Bhoora Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vikas Sharma Counsel for Opposite Party :- G.A.,Mohit Sharan Tomar Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vikash Sharma, learned counsel for the applicant and Sri R.S. Tomar, holding brief of Sri Mohit Sharan Tomar, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 37 of 2025, under Sections 137(2), 64(1) of BNS and Sections 3/4 of POCSO Act, Police Station Behat, District Saharanpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the victim in the night of 27/28.01.2025. 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 13 hours 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 the circumstances as narrated by her in her statement recorded under section 183 BNSS. She has stated that she had gone with the applicant on his motorcycle and has not raised any alarm whatsoever. The victim by her looks seems to be major although as per ossification test report also, her age has come out to be 18 years. There is no medical corroboration of the incident. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 03.02.2025 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 coupled by the fact that there is no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Israr @ Bhoora , 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 :- 17.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad