Neutral Citation No. - 2025:AHC:67254 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14342 of 2025 Applicant :- Deepu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mukesh Joshi, learned counsel for the applicant, Sri Jaynendra Kumar Sharma, Advocate holding brief of Sri Sudhakar Yadav, learned counsel for the informant as well as Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.155 of 2025, under Sections 137(2), 87, 65(1), 351(3) B.N.S. and 5L/6 POCSO Act, Police Station- Katghar, District- Moradabad, during the pendency of trial. 4. 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. The victim is a consenting party as is but evident from her statement recorded U/s 183 B.N.S.S. She has categorically stated that she has married the applicant and is major. As per the Aadhar Card, her date of birth is 21.6.2006, as such, she was 18 years, 08 months and 27 days old on the date of incident. 5. Learned counsel for the applicant has further stated that as per the school certificate of Class-9th, her date of birth is 21.6.2009 by which she was marginally less than 16 years of age. The said document cannot be taken into consideration being hit by Section 94 of Juvenile Justice (Care and Protection of Children) Act. Learned counsel has stated that the families have now settled the matter, as such, the applicant is entitled for bail. 6. Learned counsel for the applicant has further argued that the applicant himself is a youth of 21 years and there is no criminal antecedent to his credit. The applicant is languishing in jail since 22.3.2025 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. and learned counsel for the informant 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 FIR and the statement of the victim recorded U/s 183 B.N.S.S. coupled by the fact that she has married the applicant and is major, 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, 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad