Neutral Citation No. - 2025:AHC:82576 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14695 of 2025 Applicant :- Rajesh Alias Nahar Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned A.G.A., notice has been served to the informant on 3.5.2025. 2. Heard Sri Akhilesh Kumar Shukla, learned counsel for the applicant and Smt. Smriti Shukla, learned counsel for the opposite party no.3 as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 160 of 2025, U/S 137(2), 87, 64(1), 351(2) B.N.S. and 3/4 POCSO Act, Police Station Sadabad, District Hathras, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the daughter of the informant on 16.3.2025. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has nothing to do with the said offence. FIR is delayed by about two days and there is no explanation of the said delay caused. There is no time of offence mentioned therein. 6. Learned counsel has further argued that the victim seems to be the consenting party, as she had gone with the applicant in his e- rickshaw to his sister's house and remained there. The victim has subsequently stated that the applicant had outraged her modesty. There are no allegations of rape made by her. 7. It is further stated that the victim by her looks, seems to be major, although as per ossification test report, she is 17-18 years old, as such, a leverage of two years may be granted to the applicant on the upper side. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 25.3.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. and learned counsel for the opposite party no. 3 have vehemently opposed the bail application but have not disputed the fact that there is no criminal history of the applicant and the aforesaid submissions of learned counsel for the applicant. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the delay in institution of FIR and the fact that the victim is the consenting party, 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. 11. Let the applicant- Rajesh Alias Nahar Singh involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 13. 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 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad