Neutral Citation No. - 2025:AHC:87654 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16435 of 2025 Applicant :- Saurabh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sayeed Saif Ullah,Sufia Saba Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sayeed Saif Ullah, learned counsel for the applicant, Sri Pranshu Kumar, 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.397 of 2024, under Sections 64(1), 137(2) B.N.S. and 5J(ii)/6 POCSO Act, Police Station Rampur Maniharaan, District Saharanpur, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have enticed away the daughter of the informant on 10.09.2024, as such, the victim was released by the informant from court and had sent her to the house of his sister-in-law, from where she is stated to have been found missing since 07.10.2024. 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 about five days and there is no explanation of the said delay caused. The victim is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S., whereby she has categorically stated that she had gone with the applicant out of her own sweet will and had already married him on 12.09.2024. She has expressed her willingness to stay with him only and was found pregnant at that time. 7. Learned counsel for the applicant has further argued that the victim is 18 years old as per ossification test report. The applicant himself is 22 years old. Earlier on also, FIR No.211 of 2024 was instituted against the applicant and he was enlarged on bail in the said case on 25.03.2024. The instant case is just a misuse of rape laws. The applicant is languishing in jail since 05.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. 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 the fact that the victim seems to be a consenting party, 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. 10. Let the applicant- Saurabh, 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. 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 :- 23.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad