Neutral Citation No. - 2025:AHC:91319 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17284 of 2025 Applicant :- Harnarayan Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vidhu Bhooshan Shukla,Vivek Kumar Mishra 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 18.05.2025 none is present on behalf of the informant. 2. Heard Sri Vivek Kumar Mishra, learned counsel for the applicant and Sri Arun Kumar Mishra, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 85 of 2025, under Sections 137(2), 87, 64(1) of BNS and Sections 3/4 of POCSO Act, Police Station - Kotwali Kulpahar, District - Mahoba, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the minor niece of the informant on 20.03.2025 at about 01:30 PM. 5. 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. The FIR is delayed by about two days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS as she had gone with the applicant and was taken to the Mahoba city and she stayed there for several days and did not raise any alarm whatsoever. It is argued that the applicant had gone out of the house in search of another room and when he did not return, she contacted him telephonically whereupon the applicant has informed her that her parents has lodged the FIR against him, as such, he shall not retrun. 7. Learned counsel has argued that the consent of the victim can be drawn as she had mobile phone with her but not contacted her parents rather contacted the applicant. The victim by her looks seems to be major although as per high school certificate, her date of birth is stated to be 10.10.2007, as such, her age has come out to be 17 years 05 months 10 days on the date of incident. There is no medical corroboration of the incident. 8. Learned counsel has next contended that there is no criminal history of the applicant. The applicant is languishing in jail since 02.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. 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. 10. The date of birth of the victim as per high school certificate is 10.10.2007, as such, she may be considered major in light of the judgement of Supreme Court passed in Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673, wherein it has been opined that it is more often in the Indian Society that person shows the age of their wards much below than their actual age. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, delay of two days in lodging the FIR, the statement of the victim recorded u/s 183 BNSS which indicates towards her consent and also there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 12. Let the applicant- Harnarayan Kushwaha, 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. 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:- 28.5.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad