Neutral Citation No. - 2025:AHC:79003 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15124 of 2025 Applicant :- Rohit Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pushpendra Kumar Yadav 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 03.05.2025 but none is present on behalf of the informant. 2. Heard Sri Pushpendra Kumar Yadav, 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. 65 of 2025, under Sections 137(2), 87, 64 of BNS and Sections 5j(ii)/6 of POCSO Act, Police Station G.R.P, Mughalsarai, District Chandauli, during the pendency of trial. 4. As per prosecution story, daughter of the informant is stated to have been enticed away by the applicant from Mughalsarai Railway Station when she had deboarded the train for washing her face on 03.01.2025 at about 2 a.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 one and half months and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim seems to be a consenting party as she herself had deboarded the train and gone with the applicant on his asking. Although, she has stated that the applicant had threatened her to commit suicide if she did not comply with the said demand but the said allegations are false. The victim by her looks seems to be major although as per school certificate, her date of birth is stated to be 01.01.2008, as such her age comes out to be 16 years. There is no medical corroboration of the incident. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 27.03.2025 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. 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 the victim is a consenting party, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Rohit 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 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 :- 14.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad