Neutral Citation No. - 2025:AHC:81026 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14211 of 2025 Applicant :- Deepak Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Umesh Chandra Prajapati,Vinod Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Umesh Chandra Prajapati, learned counsel for the applicant, Sri Aditya Kumar Kushwaha, learned counsel for the informant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.32 of 2025, under Sections 65(1), 137(2), 351(3) B.N.S. and Section 3/4(2) POCSO Act, Police Station Todi Fatehpur, District Jhansi, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant, aged about 16 years, on 05.02.2025 at about 2:00 p.m. 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 one day and there is no explanation of the said delay caused. It is a clear-cut case of false implication. The victim is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S., but the allegations have been escalated to gang-rape by her after legal consultation. 6. Learned counsel for the applicant has further argued that the victim has stated in her statement recorded under Section 183 B.N.S.S. that she was retrieved from a room in the moon of 06.03.2025, but the recovery of the victim has been shown in the night of 06.03.2025, which was entered in G.D. No.48 at 23:50 hours and the place of recovery is Pandawaha Todi, Fatehpur Crossing, as such, the complete exercise of recovery of victim is sham. 7. Learned counsel for the applicant has also stated that there is no medical corroboration of the incident. The victim by her looks seems to be major, although she is 16 years old. There is no criminal history of the applicant. The applicant is languishing in jail since 13.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 9. 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 there being no medical corroboration of the incident coupled with the fact that the victim seems to be a consenting party, 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. 10. Let the applicant- 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 16.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad