Neutral Citation No. - 2025:AHC:82383 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14546 of 2025 Applicant :- Updesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhay Pratap Singh,Amarjeet Choudhary Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amarjeet Choudhary, learned counsel for the applicant and Sri Sunil Kumar Mishra, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.44 of 2025, under Sections 137(2), 65(1) B.N.S. and 4(2) POCSO Act, Police Station- Bilari, District- Moradabad, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the victim from Baddi, Himachal Pradesh on 21.1.2025 at 05:00 a.m. and had subsequently left her over near her house in Moradabad. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about six days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the informant did not file any missing report at Baddi, Himachal Pradesh. It is a clear cut case of false implication. It is true that applicant is the distant maternal-uncle of the victim, but he has nothing to do with the said offence. Learned counsel has stated that the victim seems to be a consenting party as she had travelled a long distance from Baddi, Himachal Pradesh to Moradabad, which is about 400 kilometers apart. 7. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident either. Although the victim is stated to be 16 years old, but by her looks she seems to be major. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 2.2.2025 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 State Law Officer have vehemently opposed the bail application on the ground that the victim, as per the school certificate, is marginally less than 16 years old, as such, the applicant is not entitled for bail. 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 FIR and there being no medical corroboration of the incident, 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- Updesh, 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 pressurize/intimidate 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 :- 17.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad