Neutral Citation No. - 2025:AHC:82479 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14640 of 2025 Applicant :- Vishnu Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kamalesh Singh 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 24.04.2025 but none is present on behalf of the informant. 2. Heard Sri Raghvendra Saran Tiwari, Advocate holding brief of Sri Kamalesh Singh, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 46 of 2025, under Sections 137(2), 87, 64(1) of BNS and Sections 5(1)/6 of POCSO Act, Police Station - Ahirauli Bazar, District - Kushinagar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim and had married her but subsequently refused to keep her as wedded wife. 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 25 days from the last date of offence. 6. Learned counsel has also stated that the matter of Hindu Marriage Act has been converted into the rape case by the informant. It is a clear cut case of false implication. The victim is stated to be 17 years old as per her school certificate but by her looks, she seems to be major. There is no criminal history of the applicant. The applicant is languishing in jail since 26.02.2025 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. 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 taking into consideration the fact that the applicant had married the victim and after some issues, refused to keep her as wedded wife, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Vishnu Chauhan, 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:- 17.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad