Neutral Citation No. - 2025:AHC:86439 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14991 of 2025 Applicant :- Ravi Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shravan Kumar Mishra Counsel for Opposite Party :- G.A.,Suman Kumar Yadav Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. Heard Sri Shravan Kumar Mishra, learned counsel for the applicant and Sri Suman Kumar Yadav, learned counsel for the informant as well as Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 83 of 2025, U/S 376, 406 IPC and 3/4 POCSO Act, Police Station Didarganj, District Azamgarh, during the pendency of trial. PROSECUTION STORY: 5. The applicant is stated to have befriended the victim and established corporeal relationship with her for a period of about one year on the false promise of marriage. ARGUMENTS ON BEHALF OF THE APPLICANT: 6. 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. The allegations are per se false. 7. The FIR was instituted on 7.4.2025, as such, the incident can be inferred to have occurred since 7.4.2024. The FIR is delayed and there is no explanation of the said delay caused. 8. As per the statement of the victim, she is 17 years old. As per High School certificate her date of birth is 5.6.2008, as such, she comes out to be 16 years old at the time of initiation of the incident but by her looks, she seems to be major. 9. There is no proof that the victim had given any amount of money to the applicant. 10. There is no criminal history of the applicant. The applicant is languishing in jail since 9.4.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. ARGUMENTS ON BEHALF OF INFORMANT/STATE: 11. The bail application has been opposed but the fact that there is no criminal history of the applicant has not been disputed. CONCLUSION: 12. In the judgement of Supreme Court passed in Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673, it has been stated that it is more often in the Indian Society that person shows the age of their wards much below than their actual age. In the case of Brij Mohan Singh vs. Priya Brat Narain Sinha, AIR 1965 SC 282, this Court, inter alia, observed that in actual life it often happens that persons give false age of the boy at the time of his admission to a school so that later in life he would have an advantage when seeking public service for which a minimum age for eligibility is often prescribed. 13. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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. 14. Let the applicant- Ravi Gupta 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. 15. 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. 16. 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 :- 22.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad