Neutral Citation No. - 2025:AHC:79148 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15096 of 2025 Applicant :- Arman Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Aashirwad Mishra,Sanjay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 28.04.2025 but none is present on behalf of the informant. 2. Heard Sri Sanjay Kumar Mishra, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 92 of 2025 , under Sections 137(2), 61(2), 87, 64 of BNS and Sections 3/4 of POCSO Act, Police Station Bariyarpur, District Deoria, during the pendency of trial. 4. As per prosecution story, two victims are stated to have been enticed away by the applicant and co-accused persons on 12.03.2025 at about 1:30 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. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about 15 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim in question who has been connected to the applicant is a consenting party as she has stated that she wanted to marry the applicant and has gone with him to several places and has not raised any alarm whatsoever. The victim is stated to be 16 years old as per FIR, although as per her High School Certificate, her date of birth is stated to be 03.05.2008, as such her age comes out to be 16 years, 10 months and 9 days on the date of incident. There is no medical corroboration of the incident. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 19.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned State Law Officer 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. 9. The Supreme Court in the case of Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673, has opined 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. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in FIR coupled by the fact that there is no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Arman , 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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 :- 14.5.2025/Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad