Neutral Citation No. - 2025:AHC:72476 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13754 of 2025 Applicant :- Ramdular Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ramesh Kumar Chaurasia 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 24.04.2025 but none is present on behalf of the informant even in the revised call. 3. Heard Sri Vipin Gangwar, holding brief of Sri Ramesh Kumar Chaurasiya, learned counsel for the applicant, Sri R.P. Patel, learned State Law Officer and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 194 of 2024, under Sections 65(1), 61(2), 137(2) of BNS and Section 5L/6 of POCSO Act, Police Station Gadwar, 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. It is further stated that the victim has refused her medical examination, as such she is a consenting party. The consent can also be drawn from her statement recorded under section 183 BNSS whereby she has stated she had gone with the applicant out of her own sweet will. It is further stated that the FIR is delayed by 6 days and there is no explanation of the said delay caused. The victim although is stated to be minor but by her looks, she seems to be major. 6. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 27.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 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 delay in FIR and taking into account the statement of the victim recorded under section 183 BNSS coupled by the fact that the victim has refused her medical examination 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- Ramdular Chauhan, 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