Neutral Citation No. - 2025:AHC:91685 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16022 of 2025 Applicant :- Govind Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Arun Kumar Bajpai Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Compliance affidavit filed today is taken on record. 3. Heard Sri Arun Kumar Bajpai, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 4. Learned A.G.A. has informed that the notice to the informant has been served on 01.05.2025. 5. Applicant seeks bail in Case Crime No.15 of 2024 (Special Sessions Trial No.1471 of 2024, under Sections 363, 366, 376(3) I.P.C. and Section 5J/6 of POCSO Act, Police Station Hathgaon, District Fatehpur, during the pendency of trial. 6. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant aged about 16 years on 16.01.2024 at about 7:00 p.m. 7. 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 four days and there is no explanation of the said delay caused. The victim is a consenting party as is but evident from her statement recorded under Section 164 Cr.P.C., whereby she has stated that she had gone with the applicant to Chitrakoot and had married him and was staying with him as his wife and she was pregnant at that time. She has expressed her willingness to stay with the applicant only. 8. Learned counsel for the applicant has further argued that subsequent to it, the victim was staying in the house of the informant and she aborted her pregnancy. She by her looks seems to be major, although as per ossification test report and the statement in the FIR, she is 16 years old and a leverage of two years may be granted to the applicant on the upper side. There is no criminal history of the applicant. The applicant is languishing in jail since 02.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application on the ground that the victim gave birth to a dead girl, as such, the applicant is not entitled for bail. 10. 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 statement of the victim recorded under Section 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. 11. Let the applicant- Govind, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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 :- 28.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad