Neutral Citation No. - 2025:AHC:73337 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13953 of 2025 Applicant :- Deepu @ Deepak Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shiv Om Vikram Singh Chauhan Counsel for Opposite Party :- G.A.,Saurabh Pathak Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shiv Om Vikram Singh Chauhan, learned counsel for the applicant, Sri Saurabh Pathak, learned counsel for the informant, Sri R.P. Singh, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.250 of 2024, under Sections 363, 366, 376 I.P.C. and Section 3/4 POCSO Act, Police Station Auraiya, District Auraiya, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant on 20.05.2024 at about 9:00 a.m. The victim is stated to have taken away Rs.1.2 lakhs cash and certain ornaments with her. 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 two days and there is no explanation of the said delay caused. The consent of the victim is but evident from the fact that she had taken away 1.2 lakhs and several ornaments alongwith her. The victim by her looks seems to be major, although she is stated to be 16 years old as per her own statement and as per school certificate of class-IXth, she is about 14 years. 6. Learned counsel for the applicant has further argued that the said document has no evidentiary value being hit by Section 94 of Juvenile Justice (Care and Protection of Children) Act. There is no criminal history of the applicant. The applicant is languishing in jail since 08.01.2025 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 counsel for the informant and learned State Law Officer have 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 delay in institution of the FIR and the fact that the victim seems to be a consenting party as she had taken Rs.1.2 lakhs cash and several ornaments alongwith her, 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- Deepu @ Deepak, 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 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. 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 :- 7.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad