Neutral Citation No. - 2025:AHC:93280 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17568 of 2025 Applicant :- Rambabu Alias Kallu Opposite Party :- State Of U.P Through Its Principal Secretary (Home) And 3 Others Counsel for Applicant :- Karma Singh Yadav,Kuldeep Singh Yadav,Vikash Krishna Murti Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Learned counsel for the informant is not present. 2. Heard Sri Karma Singh Yadav, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.95 of 2025, under Sections 65(1), 351(2) B.N.S. and Section 3/4(2) POCSO Act, Police Station Bilsi, District Budaun, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim and had impregnated her. After getting knowledge about the said pregnancy, the FIR was instituted by the informant. 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 one day and there is no explanation of the said delay caused. There is no medical corroboration of the incident as no pregnancy was observed by the doctor conducting her medical examination. The victim has herself contradicted the allegations made in the FIR. She has stated that she had eaten eggs and turmeric milk and as such, the pregnancy was terminated. 6. Learned counsel for the applicant has further argued that as per ossification test report, the victim is stated to be 15 years old, but by her looks, she seems to be major. There is no criminal history of the applicant. The applicant is languishing in jail since 29.03.2025 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 A.G.A. has vehemently opposed the bail application. 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 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- Rambabu Alias Kallu, 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 :- 30.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad