Neutral Citation No. - 2025:AHC:78126 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16103 of 2025 Applicant :- Sabhajeet Nishad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Nand Singh,Priti Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Krishna Nand Singh, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 02.05.2025. 4. Applicant seeks bail in Case Crime No.112 of 2025, under Sections 65(1), 351(2) B.N.S. and 3/4 POCSO Act, Police Station Badlapur, District Jaunpur, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed rape with the victim on 17.03.2025 at about 3:00 p.m. at a secluded place in agricultural field. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about sixteen hours and there is no explanation of the said delay caused. The victim by her looks seems to be major and a consenting party. As per ossification test report, she is found to be 18 years old. 7. Learned counsel for the applicant has further argued that there is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 25.03.2025 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. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the victim was 13 years old only as her date of birth was 21.01.2011. 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 fact that the victim seems to be a consenting party and there being no medical corroboration of the incident, 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- Sabhajeet Nishad, 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 :- 13.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad