Neutral Citation No. - 2025:AHC:85422 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16027 of 2025 Applicant :- Manish Nishad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kamla Singh,Lakshmi Devi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 13.05.2025 but none is present on behalf of the informant. 2. Heard Ms. Kamla Singh, learned counsel for the applicant and Sri R.P. Patel, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 86 of 2025, under Sections 137(2), 64(2)M of BNS and Sections 5(L)/6 of POCSO Act, Police Station Gola, District Gorakhpur, 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 victim is the consenting party as is evident from the FIR as well as her statement recorded u/s 183 BNSS. The victim is 17 years old as per her own statement. The applicant is ready to take care of the victim as she is pregnant and presently, she is living in Nari Niketan as her parents have not taken her away. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 07.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned State Law Officer has 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration 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. 9. Let the applicant- Manish 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 the evidence during trial. ii) The applicant shall marry the victim and take care of the off spring born subsequently, if any within a period of three months after his release from jail. iii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iv) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 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 :- 21.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad