Neutral Citation No. - 2025:AHC:86640 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16347 of 2025 Applicant :- Nasir Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.,Ram Krishna Mishra Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mohd. Zakir, learned counsel for the applicant and Sri Ram Krishna Mishra, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 270 of 2024, under Sections 137(2), 87, 64(1) of BNS and Sections 3/4 of POCSO Act, Police Station Narsaina, District Bulandshahr, 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 her statement recorded u/s 183 BNSS. She has stated herself to be 17 years old as per the said statement. There is no medical corroboration of the incident. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 26.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim was less than 15 years old as per Aadhar Card, as such the applicant is not entitled for bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that there is no medical corroboration of the incident 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- Nasir, 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. 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 :- 22.5.2025 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