Neutral Citation No. - 2025:AHC:88846 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15863 of 2025 Applicant :- Rahul Chaurasiya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kamalesh Kumar Nishad,Ram Awadh Maurya Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ram Awadh Maurya, learned counsel for the applicant, Sri Rajendra Prasad Singh, learned State Law Officer for the State and perused the material placed on record. 3. Learned State Law Officer has informed that the notice to the informant has been served on 11.05.2025. 4. Learned Applicant seeks bail in Case Crime No.34 of 2025, under Sections 87, 137(2), 64(2) B.N.S. and Section 5/6 POCSO Act, Police Station Shohratgarh, District Siddharth Nagar, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and had later on refused to comply with the said promise. 6. 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 19 days and there is no explanation of the said delay caused. The victim is 19 years old. There is no clinching evidence to suggest that the applicant misled the victim from the beginning. 7. Learned counsel for the applicant has further stated that the informant has converted a failed consensual physical relationship into a criminal case. There is no criminal history of the applicant. The applicant is languishing in jail since 26.03.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer has vehemently opposed the bail application. 9. 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 and the judgments of the Supreme Court passed in Pramod Suryabhan Pawar vs. State of Maharashtra and Another, 2019 (9) SCC 608 and Ansaar Mohammad vs. State of Rajasthan and Another, 2022 SCC OnLine SC 886 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. 10. Let the applicant- Rahul Chaurasiya, 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 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 :- 26.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad