Neutral Citation No. - 2025:AHC:84200 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17328 of 2025 Applicant :- Sunny Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 5.5.2025. 3. Heard Sri Rajeev Upadhyay, learned counsel for the applicant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.357 of 2024, under Sections 137(2), 87, 65(1) B.N.S. and 4(2) POCSO Act, Police Station- Jani, District- Meerut, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have enticed away the victim on 6.11.2024 at about 11:30 a.m. 6. 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. The FIR is delayed by about one day and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that the victim by her looks seems to be major, although as per the school certificate of Class-8th she is about 15 years and 08 months old. The said document cannot be taken into consideration being hit by Section 94 of Juvenile Justice (Care and Protection of Children) Act. 8. It is further argued by learned counsel for the applicant that the victim has categorically stated in her statement recorded U/s 183 B.N.S.S. that her father wanted to marry her off elsewhere and she was deeply in love with the applicant, as such, she had gone with him and married him in a temple and had established corporeal relationship out of her consent. The victim has categorically stated that it is true that applicant was 30 years old, but she has expressed her willingness to stay with him only. 9. Learned counsel for the applicant has also argued that the fact that the father of the victim wanted to get her married elsewhere indicates that she was major. There is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 15.11.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Learned A.G.A. has vehemently opposed the bail application on account of age of the victim being 15 years only. 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 FIR and the statement of the victim recorded U/s 183 B.N.S.S. coupled by the fact that there is no medical corroboration of the incident, 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- Sunny, 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 pressurize/intimidate 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 :- 20.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad