Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13797 of 2025 Applicant :- Sumit Mishra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Kumar,Nilesh Kumar Dubey,Shashi Shekhar Maurya 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 28.04.2025 but none is present on behalf of the informant even in the revised call. 3. Heard Sri Shashi Shekhar Maurya learned counsel for the applicant, Sri Ashwani Tripathi, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 69 of 2025, under Sections 137(2), 65(1), 87 BNS, and Section 3/4 of POCSO Act Police Station Pipiganj, District Gorakhpur, 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 victim is a consenting party as is but evident from her statement recorded U/s 183 B.N.S.S. The victim has married the applicant and has stated that the said corporeal relationship was established with her consent. The victim by her looks seems to be major although she has mentioned her age to be 17 years. The applicant himself is a youth aged about 20 years. The matter of consensual relationship between two adolescents has been converted into crime. 6. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 05.03.2025 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 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, and taking into consideration the statement of the victim recorded under section 183 BNSS 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- Sumit Mishra, 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