Neutral Citation No. - 2025:AHC:91570 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17310 of 2025 Applicant :- Krishna Alias Krishn Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shivam Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 19.05.2025 but none is present on behalf of the informant. 2. Heard Sri Shivam Singh, learned counsel for the applicant and Sri Ashutosh Kumar Tripathi, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Special Case No. 357 of 2024 arising out of Case Crime No. 324 of 2023, under Sections 363 & 376 of IPC and Sections 3/4 of POCSO Act, Police Station - Mirzapur, District - Shahjahanpur, during the pendency of trial. 4. 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 as alleged in the FIR. It is also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS whereby she has stated that she had gone with the applicant out of her own sweet will and has expressed her willingness to stay with him only. The victim is 18 years old as per her own statement. 5. Learned counsel has also stated that there is no criminal history of the applicant. The applicant is languishing in jail since 09.02.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned AGA has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the statement of the victim recorded u/s 183 BNSS and also considering the age of the victim, I find it a fit case to release the applicant on bail. The bail application is allowed. 8. Let the applicant- Krishna Alias Krishn, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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:- 28.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad