Neutral Citation No. - 2025:AHC:74810 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14433 of 2025 Applicant :- Shivdesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Janam Shahi 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 28.04.2025 but none is present on behalf of the informant. 2. Heard Sri Ram Janam Shahi, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Special Case No.214 of 2024 arising out of Case Crime No. 402 of 2023, under Sections 363, 366, 376(3) of IPC and Sections 3/4(2) of POCSO Act, Police Station Allahganj, District - Shahjahanpur, 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. 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. 5. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 164 Cr.P.C. whereby she has stated that no sexual assault was committed with her. The victim is 15 years old as per her own statement although by her looks, she seems to be major. There is no medical corroboration of the incident. 6. Learned counsel has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 24.01.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay in lodging the FIR and also considering the statement of the victim recorded u/s 164 Cr.P.C. whereby she seems to be a consenting party, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Shivdesh, 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. 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:- 8.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad