Neutral Citation No. - 2025:AHC:83280 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16909 of 2025 Applicant :- Suraj Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akshay Raghuvanshi,Ritesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Akshay Raghuvanshi, learned counsel for the applicant, Sri Ram Mohit Yadav, 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 10.05.2025. 4. Applicant seeks bail in Case Crime No.0102 of 2025, under Sections 137(2), 87, 65(1) B.N.S., 3/4(2) POCSO Act, Police Station Kotwali Chunar, District Mirzapur, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant, aged about 12 years, on 06.03.2025 at about 8:00 a.m. 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 more than one day and there is no explanation of the said delay caused. The victim was recovered on 06.03.2025 itself, which is but evident from her statement recorded under Section 183 B.N.S.S., whereby she has stated that she was bleeding on her private part and she was left on the road by the applicant and police had retrieved her from there only, as such, it is a clear-cut case of false implication. 7. Learned counsel for the applicant has further argued that had the applicant committed the said offence of rape, the same would have been mentioned in the FIR itself. Even the statement of the victim recorded by the doctor and under Section 180 B.N.S.S. indicates her consent. There is material contradiction in the statement of the victim recorded by the doctor to that recorded by the Investigating Officer and the Magistrate, whereby to the doctor she has stated that she was taken to Aligarh by the applicant. 8. Learned counsel for the applicant has also stated that in the statement of the victim recorded under Section 180 B.N.S.S., she has stated that she was scolded by her father, as such, she had left her house. The prosecution story keeps on changing at every stage. There is no medical corroboration of the incident as the victim has not suffered any injury whatsoever. 9. Learned counsel for the applicant has further stated that the medical examination of the victim was conducted on 09.03.2025 itself, which is on the third day of the incident. Had she suffered any injury or bleeding, at least some injuries would have been observed by the doctor conducting her medical examination. There is no criminal history of the applicant. The applicant is languishing in jail since 12.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Learned A.G.A. has vehemently opposed the bail application. 11. 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 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. 12. Let the applicant- Suraj Kumar, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 19.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad