Neutral Citation No. - 2025:AHC:107553 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49154 of 2023 Applicant :- Tulsiram Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Durga Prasad 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 18.11.2023. 3. Heard Sri Durga Prasad, learned counsel for the applicant, Sri Pranshu Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 52 of 2023, under Sections 363, 366, 376(3) I.P.C. and 3/4 POCSO Act, Police Station- Jaria, District- Hamirpur, during the pendency of trial. 5. As per prosecution story, the FIR was instituted by the informant against unknown person regarding his missing daughter aged about 14 years since 19.2.2023 at 10:00 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 more than one day and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further stated that the victim was recovered and her statement U/s 164 Cr.P.C. was recorded, whereby she has categorically stated that she was in love with the applicant and had married him and had also expressed her willingness to stay with the applicant only, as such, it is a clear cut case of false implication. Learned counsel has stated that the victim by her looks seems to be major, although she is stated to be 15 years old as per own statement. 8. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. The victim has left her house again and is not traceable to date. Only one witness i.e. informant has been examined in court, as such, there is no likelihood of conclusion of trial in near future. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 5.7.2023 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. Learned A.G.A. has vehemently opposed the bail application. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded U/s 164 Cr.P.C. coupled with the fact that FIR is delayed by more than one day, 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. 11. Let the applicant- Tulsiram, 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 8.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad