Neutral Citation No. - 2025:AHC:113135 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18119 of 2025 Applicant :- Sarfaraj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Byas Kumar Prasad,Manish Kumar Singh Counsel for Opposite Party :- G.A.,Mohd Aamir Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the informant. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 175 of 2025, under Sections 137(2), 61(2) of Bharatiya Nyaya Sanhita, 2023 and Section 16/17 Protection of Children from Sexual Offences (POCSO) Act, Police Station Loni, District Ghaziabad, during the pendency of trial. As per the prosecution case, in brief, the complainant who is father of the victim got a first information report lodged on 05.04.2025 for the alleged offence under Section 137(2) of B.N.S. against unknown person stating inter alia that his daughter, aged about 14 years, had left her house on 04.04.2025 without giving any information to anyone. It is argued by learned counsel for the applicant that the victim was recovered on 07.04.2025 and thereafter her statement under Section 180 of B.N.S.S. has been recorded in which she has neither named the applicant nor made any allegation against him. Referring the said statement of the victim, it is pointed out that she has stated inter alia that she had love affair with Arsh alias Ais, therefore, she herself left her house in the night of 04.04.2025 without giving any information to anyone and had gone with Arsh. She also disclosed that she had made physical relation with Arsh alias Ais on her own will. Thereafter, victim in her statement under Section 183 B.N.S.S., apart from Arsh has also named three persons, namely, Sarfaraj (applicant), Wajid and Dilshad stating inter alia that they had also helped her for escaping with co-accused Arsh alias Ais. On the strength of aforesaid facts, much emphasis has been given by contending that the main accused in this case is Arsh alias Ais. The applicant has been falsely implicated in this case. Hence in the light of statement of the victim recorded under Sections 180 and 183 B.N.S.S., the case of present applicant stands on different footing to that of co-accused Arsh alias Ais. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 08.04.2025 having no criminal history to his credit and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case. Per contra, learned Additional Government Advocate for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant but could not dispute the above factual aspect of the matter as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that victim did not make allegation of committing any misdeed against the applicant and the case of present applicant is distinguishable from that of main accused. Therefore, in the light of statement of the victim, the applicant has made out a prima facie case for bail. Hence, the bail application is hereby allowed. Let the applicant-Sarfaraj, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: (i) That the applicant shall cooperate with the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail of the applicant. It is made clear that the observations contained in the instant order are confined to the issue of bail only and shall not affect the merit of the trial. It is also made clear that benefit/parity of this order shall not be extended to the main accused-Arsh alias Ais. Order Date :- 15.7.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad