Neutral Citation No. - 2025:AHC:85775 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16084 of 2025 Applicant :- Veerpal Gurjar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shiv Om Vikram Singh Chauhan Counsel for Opposite Party :- G.A.,Krishna Shankar Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Shiv Om Vikram Singh Chauhan, learned counsel for the applicant and Sri Krishna Shankar, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 33 of 2025, under Sections 115(2), 352, 351(2), 64(1) of BNS and Sections 3/4 of POCSO Act and 3(1)Da, 3(1)Dha, 3(2)V, 3(2)(Va) of SC/ST Act, Police Station Ajeetmal, District Auraiya, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the victim on 30.6.2023 to Ahmedabad and kept her there for a substantial period of time and established corporeal relationship with her. There are allegations that after the victim was retrieved to her house, the matter was resolved but subsequently, it was revealed that the applicant had taken certain indecent photographs and videos of her and started blackmailing her and had again committed rape with her on 29.12.2024 when she had gone to attend the birthday of her sister's son. 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 as alleged in the FIR. The FIR is delayed by about 22 days from the date of incident. It is delayed by about two years from the date of earlier elopement and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the allegations are per se false. There is no recovery of any photographs or video from the applicant or from anyone else whatsoever. The victim is aged about 18 years as per ossification test report. There is no medical corroboration of the incident. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 04.02.2025 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 on the ground that at the initial stage of offence, the victim was 16 years only when she was enticed away by the applicant to Ahmedabad, as such the applicant is not entitled for bail. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in FIR and there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Veerpal Gurjar, 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 :- 21.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad