Neutral Citation No. - 2025:AHC:89139 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15869 of 2025 Applicant :- Chhatrapal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.,Sanjay Kumar Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Narendra Kumar, learned counsel for the applicant and Sri Sanjay Kumar, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 98 of 2024, under Sections 363, 366, 376(2)(N) of IPC and Sections 5/6 of POCSO Act and Section 3(2)V, 3(2)(v)Ka of SC/ST Act, Police Station Ajnar, District Mahoba, 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 as alleged in the FIR. 5. Learned counsel has also stated that the applicant is stated to have changed hands several times and ultimately is stated to have been married with the applicant. The victim in her statement recorded under section 183 BNSS has stated that she was living happily with the applicant but his father had assaulted her and tried to put her to death by an axe whereby the applicant saved her. It is true that the victim is stated to be 17 years old but by her looks, she seems to be major. 6. It is next stated that the victim has not leveled any allegation of force against the applicant. The victim has stated herself to be pregnant out of the said corporeal relationship with the applicant to whom she has married. Learned counsel has further stated that the applicant is ready to take care of the victim and the fetus in her womb after his release. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 28.01.2025 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 AGA and learned counsel for the informant have 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 fact that the victim seems to be major and taking into account the statement of the victim recorded under section 183 BNSS, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Chhatrapal, 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 :- 26.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad