Neutral Citation No. - 2025:AHC:86468 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16171 of 2025 Applicant :- Akash Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned A.G.A., notice has been served to the informant on 7.5.2025. 2. Heard learned counsel for the applicant as well as Sri Amit Kumar, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 123 of 2025, U/S 64(1), 137(2) B.N.S. and 3/4 POCSO Act, Police Station Sadar Bazar, District Saharanpur, during the pendency of trial. 4. As per prosecution story, the FIR was instituted against unknown persons regarding the missing daughter of the informant since 17.3.2025 at about 4.30 pm. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. FIR was instituted after a delay of about 8 hours and there is no explanation of the said delay caused. 6. Learned counsel has further argued that the victim was recovered from the house of the applicant but she is the consenting party, as she herself has befriended the applicant on instagram. Although she has levelled the allegations of rape against the applicant but she herself had reached the house of the applicant. The other allegations against the applicant is that he is a married person. It is an admitted fact that he was estranged from his earlier wife and a divorce petition is pending between the parties. 7. The victim is major, aged about 20 years as per ossification test report. There is no medical corroboration of the incident. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 24.3.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned State Law Officer has vehemently opposed the bail application but has not disputed the fact that there is no criminal history of the applicant and the aforesaid submissions of learned counsel for the applicant. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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. 11. Let the applicant- Akash Sharma involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 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 :- 22.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad