Neutral Citation No. - 2025:AHC:123057 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25530 of 2025 Applicant :- Avinash Madhesiya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gaurav Kumar Singh,Priyanka Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 30.05.2025 but none is present on behalf of the informant. 2. Heard Sri Gaurav Kumar Singh, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 59 of 2025, under Sections 137(2), 87, 64 of BNS and Sections 3/4 of POCSO Act, Police Station - Vishunpura, District - Kushinagar, during the pendency of trial. 4. As per prosecution story, the FIR was instituted against unknown person regarding the missing daughter of the informant since 10.03.2025 at 03:00 PM. 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 as alleged in the FIR. The FIR is delayed by about one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS whereby she has stated that she had regular talks with the applicant and at his dictates, she had gone to met his sister and had subsequently gone with him and was subjected to rape by him. The allegations are per se false as there is no medical corroboration of the incident. 7. Learned counsel has further stated that the victim by her looks seems to be major although as per ossification test report, her age has come out to be 18 years. There is no criminal history of the applicant. The applicant is languishing in jail since 27.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, inordinate delay in lodging the FIR and also considering the statement of the victim recorded u/s 183 BNSS which indicates towards her consent coupled by the fact that there is no medical evidence to corroborate the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Avinash Madhesiya, 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. 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:- 25.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad