Neutral Citation No. - 2025:AHC:66998 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14172 of 2025 Applicant :- Akhilesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Nagendra Kumar Singh, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 21.04.2025. 4. Applicant seeks bail in Case Crime No.33 of 2025, under Sections 137(2) and 87 B.N.S., Police Station Kadar Chowk, District Budaun, 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. The FIR is delayed by about 23 days and there is no explanation of the said delay caused. The victim is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S. She is 17 years old as per ossification test report and a leverage of two years may be granted to the applicant on the upper side in light of the judgments of Supreme Court passed in Jaya Mala vs. State of J & K, (1982) 2 SCC 538 and Mohd. Imran Khan vs. State (Govt. of NCT of Delhi), (2011) 10 SCC 192. 6. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. He is languishing in jail since 14.02.2025 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. 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, taking into consideration the fact that the FIR is delayed by about 23 days and also taking into consideration the judgments of Supreme Court passed in Jaya Mala (Supra) and Mohd. Imran Khan (Supra), 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- Akhilesh, 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 :- 30.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad