Neutral Citation No. - 2025:AHC:82499 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14611 of 2025 Applicant :- Ashish Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Saurabh Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 05.05.2025 but none is present on behalf of the informant. 2. Heard Sri Saurabh Yadav, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 604 of 2024, under Sections 137(2), 87, 65(1) of BNS and Sections 3/4(2) of POCSO Act, Police Station - Kotwali, District - Bareilly, during the pendency of trial. 4. As per prosecution story, the applicant, who happens to be the brother-in-law of the victim, is stated to have enticed away the victim on 04.11.2024 on scooter at about 10:00 AM. 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 as alleged in the FIR. The FIR is delayed by about three days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as is evident from the fact that she has travelled with the applicant on scooter all the way from Bareilly to Badaun and has not raised any alarm whatsoever during the said sojourn. She has also stayed at the sister's house of the applicant and has not raised any alarm either. It is further stated that the victim in her statement recorded u/s 183 BNSS expresses her consent but she has subsequently at the fag end of her statement alleged that the applicant had raped her once otherwise the allegation against him is that he had touched her inappropriately. 7. Learned counsel has further stated that the victim by her looks seems to be major although she is stated to be 15 years. There is no criminal history of the applicant. The applicant is languishing in jail since 12.11.2024 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. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also taking into consideration the fact that the victim has travelled with the applicant on his scooter all the way from Bareilly to Badaun and has not raised any alarm which indicates towards her consent, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Ashish, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad