Neutral Citation No. - 2025:AHC:84166 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17232 of 2025 Applicant :- Farman Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.,Rahul Kumar Pal Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Mukesh Joshi, learned counsel for the applicant, Sri Rahul Kumar Pal, learned counsel for the informant, Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.128 of 2025, under Sections 137(2), 115(2), 352, 351(3), 65(1), 87 B.N.S. and Section 3/4 POCSO Act, Police Station Katghar, District Moradabad, during the pendency of trial. 4. As per prosecution story, the applicant in collusion with the other co-accused persons is stated to have enticed away the minor daughter of the informant on 02.03.2025 at about 5:00 p.m. 5. 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. There is no medical corroboration of the incident as the victim as refused her medical examination. The victim is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S. She has mentioned herself to be 18 years old in the said statement. 6. Learned counsel for the applicant has further argued that the victim has further stated that she had married the applicant. There is no criminal history of the applicant. The applicant is languishing in jail since 19.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that as per class-VIIIth school certificate, the victim was minor aged about 15 years, as such, the applicant is not entitled for bail. 8. 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, 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. 9. Let the applicant- Farman, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad