Neutral Citation No. - 2025:AHC:126586 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19140 of 2025 Applicant :- Ram Lotan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Preete Chaudhary,Raman Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Raman Pandey, learned counsel for the applicant, Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 44 of 2025, under Sections 351(3) B.N.S. and 5(G)/6 POCSO Act, Police Station- Harraiya, District- Basti, during the pendency of trial. 4. As per prosecution story, the co-accused person-Beetal is stated to have committed unnatural offence with the son of the informant on 13.02.2025. 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. There is no time of offence mentioned in the FIR. The applicant is not named in the FIR and the name of the applicant has been subsequently added on the basis of statement of victim recorded under Section 183 BNSS and the said statement is tutored. 6. 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 18.03.2025 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, and taking into consideration the delay in institution of FIR coupled with the fact that there is no medical corroboration of the incident and the applicant being not named in the FIR initially 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- Ram Lotan, 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. 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 :- 29.7.2025 Karan (Justice Krishan Pahal) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad