HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8550 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 08.01.2025 but none is present on behalf of the informant. 2. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record. 3. Heard Sri Ravi Pratap Narayan Singh, learned counsel for the applicant and Sri Ashutosh Srivastava, learned A.G.A. for the State and also perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 215 of 2024, under Sections 137(2), 87 of BNS and Sections 16/17 of POCSO Act, Police Station - Gaurabadshahpur, District- Jaunpur, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant on 14.09.2024 at about 02:00 pm. 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 as alleged in the FIR. The FIR is delayed by about one day and there is no explanation of the said delay caused. 7. Learned counsel has also stated that the victim is the consenting party Versus Counsel for Applicant(s) : Aradhana Singh, Ravi Pratap Narayan Singh Counsel for Opposite Party(s) : G.A., Suresh Kumar Md Mobin Alias Nakka .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) as is evident from the circumstances as narrated by her statement statement recorded u/s 180 BNSS but she has given contradictory statement recorded u/s 183 BNSS whereby she has not levelled any allegation of rape against the applicant. 8. Learned counsel has further stated that the victim has been examined in Court as P.W. 2 and in her statement, she has escalated the allegations to rape and it is also mentioned by her that she is major as she has told that she was younger to her brother Faizal about 2-3 years. 9. Learned counsel has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 22.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 10. Per contra, learned AGA has 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. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment, inordinate delay in lodging the FIR and also considering the period of incarceration which is about one year, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 12. Let the applicant- Md Mobin Alias Nakka, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. BAIL No. 8550 of 2025 2 14. 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. September 15, 2025 Siddhant BAIL No. 8550 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad