Neutral Citation No. - 2025:AHC:91185 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17246 of 2025 Applicant :- Jitendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Meenendra Tripathi Counsel for Opposite Party :- G.A.,R.B. Pal Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Meenendra Tripathi, learned counsel for the applicant and Sri R.P. Pal, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 142 of 2024, under Sections 363, 366, 376(3) IPC and Sections 5J(2)/6 of POCSO Act, Police Station Kotwali Kalpi, District Jalaun, 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. The FIR is delayed by about five days and there is no explanation of the said delay caused. 5. Learned counsel has also stated that the victim is major. As per her own statement, she was 19 years old. The victim seems to be a consenting party as is but evident from her statement recorded u/s 183 BNSS whereby she has stated that she had gone all the way to Delhi with the applicant and stayed with him and has categorically stated that she has married the applicant. The applicant has not forced upon her. There is no medical corroboration of the incident. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 08.02.2025 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. Per contra, learned State Law Officer and learned counsel for the informant have 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. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR and 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. 9. Let the applicant- Jitendra, 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 the 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 :- 28.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad