Neutral Citation No. - 2025:AHC:84267 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17253 of 2025 Applicant :- Shamshad Ali Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 12.5.2025. 3. Heard Sri Vikas Srivastava, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.22 of 2025, under Sections 137(2), 107, 87, 65(1) B.N.S. (Old Sections 363, 305, 366, 376 I.P.C.), Section 3/4(2) POCSO Act and Section 3(2)V SC/ST Act, Police Station- Barsathi, District- Jaunpur, 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 15 years, a student of class-10th, on 17.2.2025 at about 05:30 p.m. 6. 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. The FIR is delayed by about one day and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that the victim is a consenting party as far as her statement recorded U/s 183 B.N.S.S. is concerned rather she has stated that she never met the applicant and she was retrieved by her mother and brother at the Prayagraj Railway Station. The applicant has been falsely implicated in this case and he went to jail on 20.2.2025. 8. Learned counsel for the applicant has further argued that as a further development the victim was released from the women welfare home and went to her maternal home, whereby she is stated to have committed suicide on 12.3.2025. The said fact stands fortified by the application given at the police station by the grand-father of the deceased person. 9. It is further argued that the Investigating Officer has recorded the case diary no.9 and has not levelled any allegations against the applicant under the provisions of SC/ST Act or sexual assault, but subsequently the said allegations have been foisted on the applicant by penning down the statements of mother and grand- father of the victim. The said allegations are per se false. It seems to be a case of honor killing and it has been transformed to that of rape and abetment to suicide against the applicant. 10. It is further argued by learned counsel for the applicant that the the cause of death has been found to be asphyxia as a result of antemortem hanging. The applicant himself is a 18 years old youth. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 20.2.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 11. Learned A.G.A. has vehemently opposed the bail application. 12. 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 FIR and the statement of victim recorded U/s 183 B.N.S.S., whereby she has not levelled any allegations of sexual assault against the applicant and the said allegations have been foisted on him subsequently, 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. 13. Let the applicant- Shamshad Ali, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 15. 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 :- 20.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad