Neutral Citation No. - 2025:AHC:89393 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16828 of 2025 Applicant :- Shahnawaj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A.,Ravi Prakash Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 3. Heard Sri Vivek Sharma, learned counsel for the applicant and Sri Ravi Prakash Singh, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.80 of 2025, under Sections 64 B.N.S., 3/4 POCSO Act and 67 I.T. Act, Police Station- Naugawan Sadat, District- Amroha, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage and had later on refused to comply with the said promise. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false and he has nothing to do with the said offence. There is no clinching evidence to suggest that the applicant misled the victim from the beginning. The informant has converted a failed consensual physical relationship into a criminal case. 7. Learned counsel for the applicant has further stated that there is recovery of video from the cousin of the victim but the said video has not been found to be obscene rather the applicant and victim were seen standing by each other in a sugarcane field. 8. It is further argued by learned counsel for the applicant that there is the victim is major aged about 18-19 years as per the ossification test report. There is no criminal history of the applicant. The applicant is languishing in jail since 25.3.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the age of the victim and the settled law of the Supreme Court passed in Pramod Suryabhan Pawar vs. State of Maharashtra and Another, 2019 (9) SCC 608 and Ansaar Mohammad vs. State of Rajasthan and Another, 2022 SCC OnLine SC 886 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. 11. Let the applicant- Shahnawaj, 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. 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 :- 26.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad