Neutral Citation No. - 2025:AHC:78895 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16315 of 2025 Applicant :- Vishal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.,Shashi Kumar Tiwari Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Manoj Kumar Tripathi, learned counsel for the applicant and Sri Shashi Kumar Tiwari, learned counsel for the informant as well as Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.271 of 2024, under Sections 363, 366, 376(3) I.P.C. and 5(L)/6 POCSO Act, Police Station- Sector 63 Noida, District- Gautam Budh Nagar, during the pendency of trial. 4. 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. The FIR is delayed by about seven days and there is no explanation of the said delay caused. 5. Learned counsel for the applicant has further stated that the victim is a consenting party as she had remained with the applicant for about eight months and had not raised any alarm whatsoever during the said stay. She has expressed her consent to stay with the applicant and even her parents are now ready to marry the couple off. 6. It is further argued by learned counsel for the applicant that the victim by her looks seems to be major, although she told her age to be 15 years in her statement recorded U/s 164 Cr.P.C. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 12.2.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. Learned counsel for the informant has also not disputed the said fact. 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 FIR and the statement of the victim recorded U/s 164 Cr.P.C., 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- Vishal, 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 during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 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 :- 14.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad