Neutral Citation No. - 2025:AHC:93361 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17628 of 2025 Applicant :- Gyan Prakash @ Ankush Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Pravesh Yadav,Shashank Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ram Pravesh Yadav, learned counsel for the applicant, Sri Hemant Kumar, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.29 of 2025, under Sections 64(2)(m), 137(2), 87 B.N.S., Police Station Phephana, District Ballia, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the daughter of the informant 01.02.2025. 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 about six days and there is no explanation of the said delay caused. The victim is a consenting party as is evident from the fact that she had gone with the applicant to Varanasi and had not raised any alarm during the said sojourn. As per high school certificate, she is stated to be about 22 years old as her date of birth is 10.03.2003. 6. Learned counsel for the applicant has further argued that there is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 08.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that informant had filed online complaint of the incident, as such, the FIR cannot be termed to be delayed. 8. 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 there being no medical corroboration of the incident, 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. 9. Let the applicant- Gyan Prakash @ Ankush Yadav, 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. 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 :- 30.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad