Neutral Citation No. - 2025:AHC:74653 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15523 of 2025 Applicant :- Anas Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rohit Shukla 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 18.4.2025. 3. Heard Sri Rohit Shukla, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.301 of 2024, under Sections 137(2), 64(1) B.N.S., 3(2)v SC/ST Act and 3/4 POCSO Act, Police Station- Ajeemnagar, District- Rampur, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant on 23.12.2024 at about 09:00 a.m. 6. 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. The FIR is delayed by about eleven hours and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further argued that the victim is major as per the entry register in the school, but her forged documents have been submitted by the informant showing her to be minor. The victim is a consenting party as is but evident from her statement recorded U/s 183 B.N.S.S. as she has gone with the applicant in a rented car all the way to Gurugram and has not raised any alarm whatsoever. 8. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 26.12.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded U/s 183 B.N.S.S. and there being no medical corroboration of the incident, 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. 11. Let the applicant- Anas, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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 :- 8.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad