Neutral Citation No. - 2025:AHC:93454 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17605 of 2025 Applicant :- Shivi Alias Naval Kishor Katheriya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Sri Piyush Kumar Pandey, learned counsel for the informant has sought adjournment today. The said prayer is refused. 4. Heard Sri Akash Mishra, learned counsel for the applicant, Sri Piyush Kumar Pandey, learned counsel for the informant, Ms. Shivangi Bhargava, learned counsel for the High Court Legal Service Committee, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 5. Applicant seeks bail in Case Crime No.172 of 2024, under Sections 363, 366, 376(3) I.P.C. and 3/4(2) POCSO Act, Police Station Bakewar, District Etawah, during the pendency of trial. 6. As per prosecution story, the applicant is stated to have enticed away the victim on 08.06.2024 in collusion with other co-accused persons. 7. 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 two 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 164 Cr.P.C., whereby she has stated that she had gone with the applicant out of her own sweet will and stayed with him at Surajpur, Gautambuddh Nagar. She has stated that she had married the applicant and had expressed her willingness to stay with the applicant only. 8. Learned counsel for the applicant has further argued that as per ossification test report, the victim is 15 years old, but by her looks, she seems to be major. There is no medical corroboration of the incident. The criminal history of two cases assigned to the applicant stands explained. The applicant is languishing in jail since 13.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A., learned counsel for the High Court Legal Service Committee and learned counsel for the informant have vehemently opposed the bail application. 10. The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, 2020 (11) SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out. 11. 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 there being no medical corroboration of the incident coupled with 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. 12. Let the applicant- Shivi Alias Naval Kishor Katheriya, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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