Neutral Citation No. - 2025:AHC:80216 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14264 of 2025 Applicant :- Vinod Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shaili Ganguly Counsel for Opposite Party :- G.A.,Shiv Prakash Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Compliance affidavit filed by learned A.G.A. is taken on record. As informed by learned State Law Officer, the pregnancy of the victim has been terminated, as she suffered miscarriage. 3. Heard Ms. Shaili Ganguly, learned counsel for the applicant, Sri Shiv Prakash, learned counsel for the informant, as well as Ms. Ifrah Islam, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 1 of 2025, under Sections 137(2), 65(1) B.N.S. and 3/4(2) POCSO Act, Police Station Swaar, District Rampur, during the pendency of trial. 5. The applicant is stated to have enticed away the minor daughter of the informant aged about 16 years on 28.11.2024. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about six days and there is no explanation of the said delay caused. 7. It is further stated that the victim is the consenting party, as is evident from her statement recorded u/s 183 B.N.S.S., whereby she had travelled with the applicant all the way to Kerala and she has stated that she wanted to marry the applicant only, but her parents were not willing to do so, as such, she solemnized marriage with the applicant in a temple and is pregnant by about two months. 8. Learned counsel has stated that the said pregnancy has been terminated at the behest of the parents of the victim. The victim has been married elsewhere, while she was in love with the applicant. 9. There is no criminal history of the applicant. The applicant is languishing in jail since 7.1.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Learned A.G.A. has vehemently opposed the bail application but has not disputed the aforesaid submissions of learned counsel for the applicant. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the fact that the victim is the consenting party and the delay in institution of FIR, 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. 12. Let the applicant- Vinod, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad