Neutral Citation No. - 2025:AHC:89084 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16785 of 2025 Applicant :- Amar Singh @ Amar Chandra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ajay Shyam Prajapati Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ajay Shyam Prajapati, learned counsel for the applicant, Sri Ashwani Kumar Tripathi, 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.0352 of 2024, under Sections 137(2), 87, 65(1) B.N.S. and 5/6 POCSO Act, Police Station Manjhanpur, District Kaushambi, during the pendency of trial. 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 four 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. She has travelled with the applicant all the way to Rajkot, Gujarat and has not raised any alarm whatsoever. She has expressed her willingness to stay with the applicant only. 6. Learned counsel for the applicant has further argued that the victim is 16-18 years old as per ossification test report, although the statement of the informant has been recorded as PW-1. Even the said statement is regarding hearsay evidence only and has no evidentiary value in the eyes of law. There is no criminal history of the applicant. The applicant is languishing in jail since 12.12.2024 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 A.G.A. has vehemently opposed the bail application. 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 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. 9. Let the applicant- Amar Singh @ Amar Chandra, 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 :- 26.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad