Neutral Citation No. - 2025:AHC:80080 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15383 of 2025 Applicant :- Sunil Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Aftab Khan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 29.04.2025 but none is present on behalf of the informant. 2. Heard Sri Mohd. Afzal Ansari, holding brief of Sri Aftan Khan, learned counsel for the applicant and Sri Pranshu Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 11 of 2023, under Sections 363, 366A, 376(3) IPC and Sections 5L/6 of POCSO Act, Police Station Dokati, District Ballia, during the pendency of trial. 4. As per prosecution story, the FIR was instituted by the informant against one Meta @ Munna and his wife for enticing away the daughter of the informant on 25.12.2022. 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 25 days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as far as the applicant is concerned. She has stated in her statement recorded under section 164 Cr.P.C. that she was taken away by one Sujeet to Ballia and thereupon to Lucknow and she remained with him and established corporeal relationship with him, whereby she met the applicant and applicant offered to marry her and both of them married each other in a court but the applicant was drunkard, that is why she had left the applicant. It is next stated that it cannot be inferred from the aforesaid fact that the applicant had committed rape with the applicant. As per Aadhar Card, the victim is aged about 22 years, although other documents of the victim indicates her age to be less than the age of majority. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 03.12.2024 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 AGA has 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 the victim is a consenting party, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Sunil 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 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 :- 15.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad