Neutral Citation No. - 2025:AHC:86533 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17677 of 2025 Applicant :- Jagpal Alias Pooran Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kumar Tiwari,Nirma Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anil Kumar Tiwari, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 09.05.2025. 4. Applicant seeks bail in Case Crime No.84 of 2025, under Sections 123, 137(2), 64(1), 82(1) B.N.S. and Section 3/4 POCSO Act, Police Station Roza, District Shahjahanpur, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant in the night of 04.02.2025. The victim is stated to have taken away Rs.1,67,000/- and several ornaments alongwith her. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party as is evident from the fact that she had taken away Rs.1,67,000/- and ornaments alongwith her. She has gone with the applicant to several places including Delhi and has not raised any alarm whatsoever. 7. Learned counsel for the applicant has further argued that the victim by her looks seems to be major, although as per school certificate, she is marginally less than the age of majority i.e. 18 years. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 15.02.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the victim seems to be a consenting party 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. 10. Let the applicant- Jagpal Alias Pooran, 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 22.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad