Neutral Citation No. - 2025:AHC:87693 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16459 of 2025 Applicant :- Laxman @ Surya Ram Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Kumar Yadav Counsel for Opposite Party :- Aditya Kumar Singh,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Rajesh Kumar Yadav, learned counsel for the applicant, Sri Aditya Kumar Singh, learned counsel for the informant, as well as Sri A.K. Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 224 of 2024, under Sections 137(2), 65(1), 87 B.N.S. and 3/4(2) POCSO Act, Police Station Saiyadraja, District Chandauli, during the pendency of trial. 4. The applicant is stated to have enticed away the minor daughter of the victim aged about 14 years on 4.1.2024 at about 5.00 am. 5. 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 four days and there is no explanation of the said delay caused. 6. It is further stated that the victim is the consenting party, as is evident from her statement recorded u/s 183 B.N.S.S., as she had travelled with the applicant to several places and the said sojourn culminated in Gujarat, wherein the victim is stated to have married the applicant. 7. Learned counsel has further submitted that the victim by her looks, seems to be major, although she is 15 years, 5 months and 17 days old as per Class 8th certificate, as her date of birth is 17.6.2009. The said document cannot be taken into consideration in light of the judgement passed in the case of P. Yuvaprakash vs. State Rep. by Inspector of Police, AIR 2023 SC 3525, whereby the Supreme Court has observed that in the absence of records relating to the birth of the victim, no other documents except the Matriculation or equivalent certificate from the concerned examination board or certificate by a corporation, municipal authority or a Panchayat can be relied upon to ascertain the age of the victim. 8. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 8.2.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application but have not disputed the aforesaid submissions of learned counsel for the applicant. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the fact that the victim is the consenting party, the delay in institution of FIR, there being no medical corroboration of the incident and considering the judgement passed in the case of P. Yuvaprakash (supra), 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. 11. Let the applicant- Laxman @ Surya Ram, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 23.5.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad