Neutral Citation No. - 2025:AHC:80997 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16615 of 2025 Applicant :- Shiva Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kamalesh Kumar Nishad,Kanhaiyalal Bind Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 7.5.2025. 3. Heard Sri Kamalesh Kumar Nishad, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.794 of 2024, under Sections 137(2), 65(1) B.N.S. and 5J(II)/6 POCSO Act, Police Station- Kotwali Dehat, District- Bulandshahr, during the pendency of trial. 5. 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 two days and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the victim is a consenting party as is but evident from her statement recorded U/s 183 B.N.S.S. She has not supported the FIR. The victim by her looks seems to be major, although she is stated to be 16 years and 10 months old as per school certificate. 7. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident and the victim has refused her medical examination. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 23.3.2025 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 A.G.A. 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 FIR 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- Shiva, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. 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 :- 16.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad