Neutral Citation No. - 2025:AHC:85578 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16137 of 2025 Applicant :- Ramveer Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.,Ram Shiromani Yadav Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rakesh Kumar Verma, learned counsel for the applicant and Sri Ram Shiromani Yadav, learned counsel for the informant as well as Sri Rajendra Prasad Singh, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 82 of 2025, under Sections 137(2), 64 of BNS and Sections 3/4 of POCSO Act, Police Station Mudhapandey, District Moradabad, during the pendency of trial. 4. As per prosecution story, the FIR was instituted against Uvesh and Jaid of having outraging the modesty of the victim on 13.03.2025 at about 1 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 5 hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the applicant is not named in the FIR. The story has been changed altogether in the statement of the victim recorded under section 183 BNSS, whereby she has escalated the allegations to rape against named accused persons and has stated that she had gone with the applicant to Gadarpur, Uttarakhand out of her own sweet will and remained with him. The victim is stated to be 17 years and 9 months old as per the FIR itself, although other documents have been fetched which indicates her age to be less than 14 years. The allegations are per se false. There is no medical corroboration of the incident. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 21.03.2025 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 and learned counsel for the informant have 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. 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 and taking into account the statement of the victim recorded under section 183 BNSS, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Ramveer, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 21.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad