Neutral Citation No. - 2025:AHC:65904 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14122 of 2025 Applicant :- Rizwan Raza Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ajay Kumar Mishra, learned counsel for the applicant, Sri Sunil Kumar Chaudhary, learned counsel for the informant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.49 of 2025, under Sections 87, 64, 137(2) B.N.S. and Section 3/4 POCSO Act, Police Station Bachhraun, District Amroha, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the victim on 21.02.2025. 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 three 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., whereby she has stated that she had established corporeal relationship with the applicant out of her own sweet will and had married him. She has also expressed her willingness to stay with him only. 6. Learned counsel for the applicant has further argued that the victim is major aged about 18 years old. There is no criminal history of the applicant. The applicant is languishing in jail since 26.02.2025 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 A.G.A. have vehemently opposed the bail application on the ground that both the persons belong to different community and the applicant has married the victim without proper conversion as per law, as such, he is not entitled for bail. 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 of three days in institution of the FIR and the fact that the victim seems to be a consenting party as per her statement recorded under Section 183 B.N.S.S., 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- Rizwan Raza, 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 :- 29.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad