Neutral Citation No. - 2025:AHC:93312 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17671 of 2025 Applicant :- Pradum Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akash Singh,Shivam Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sanjay Singh holding brief of Sri Shivam Singh, learned counsel for the applicant, Sri Chandra Bhushan Singh, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 29 of 2025, under Sections 376(2)(N), 366 & 506 I.P.C. and Section 5(L)/6 of POCSO Act and Section 3(2)5 of SC/ST Act, Police Station Ahraura, District Mirzapur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the daughter of the informant aged about 18 years on 10.02.2025 at about 09:00 am. 5. 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 three days and there is no explanation of the said delay caused. The story has taken new turn at the stage of recording of the statement of the victim u/s180 and 183 B.N.S.S., whereby she has stated that the applicant has established relationship with her on the false promise of marriage and subsequently refused to comply with the said promise. At the onset of crime, she was about 16 years old. 6. Applicant is stated to have refused to marry her on account of her caste. There is no evidence to indicate that applicant had passed any caste related remark against the victim in public, as such, no offence of SC/ST Act is made out. The victim by her looks seems to be major at this point of time. The allegations have been escalated just to make the matter fall within the purview of POCSO Act. There is nothing on record to suggest that applicant had the intention to dupe the victim at the outset. 7. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 16.02.2025 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. The Supreme Court in the case of Pramod Suryabhan Pawar vs. State of Maharashtra and Another reported in 2019 (9) SCC 608 and Ansaar Mohammad vs. State of Rajasthan and Another, reported in 2022 SCC OnLine SC 886, has stated that entering into any kind of corporeal relationship with a person on the false promise to marry cannot be termed as rape. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration that there is no medical corroboration of the incident and there is no evidence to indicate that applicant had passed any caste related remark to the victim 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- Pradum Kumar, 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 :- 30.5.2025 Priya (Justice Krishan Pahal) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad