Neutral Citation No. - 2025:AHC:70781 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14888 of 2025 Applicant :- Satya Alias Ajeet Alias Ajay Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anuj Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anuj Chaturvedi, learned counsel for the applicant, Sri Gyan Prakash, learned counsel for the informant, 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.386 of 2024 (Session Case No.165 of 2025), under Sections 137(2), 87, 65(1), 351(3) B.N.S. and Section 3/4 POCSO Act, Police Station Jaithara, District Etah, during the pendency of trial. 4. As per prosecution story, the informant is stated to have come to her house and found it open and her daughter was missing from it on 25.11.2024 at about 10:00 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about three days and there is no explanation of the said delay caused. The victim is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S. There is no medical corroboration of the incident. 6. Leaned counsel for the applicant has further argued that the victim by her looks seems to be major, although she is 16 years old as per her own statement. There is no criminal history of the applicant. The applicant is languishing in jail since 26.12.2024 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. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that as per Class-VIIIth school certificate, the date of birth of the victim is 14.01.2009, as such, her age comes out to be 15 years, 10 months and 11 days only. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of the FIR coupled with the fact that the victim seems to be a consenting party and also taking into consideration the judgment of Supreme Court passed in P. Yuvaprakash vs State Rep. by Inspector of Police, AIR 2023 SC 3525, 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. 9. Let the applicant- Satya Alias Ajeet Alias Ajay Kumar, 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 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. 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 :- 5.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad