Neutral Citation No. - 2025:AHC:121974 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21675 of 2025 Applicant :- Bhuvnesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pankaj Satsangi Counsel for Opposite Party :- G.A.,Nagendra Kumar Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Pankaj Satsangi, learned counsel for the applicant and Sri Nagendra Kumar Singh, learned counsel for the informant as well as Sri Varun Pratap Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 91 of 2025, under Sections 137(2), 87, 74, 351(2) of BNS and Section 9M/10, 3/18 of POCSO Act, Police Station Bilsi, District Budaun, during the pendency of trial. 4. As per prosecution story, applicant is stated to have enticed away the minor daughter of the informant on 23.03.2025. 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 as alleged in the FIR. The FIR is delayed as no time of offence is mentioned in it. 6. Learned counsel has further stated that the victim is a consenting party as is but evident from the fact that she has stated in her statement recorded under section 183 BNSS that the applicant had forcibly given her mobile and she was going to return it, as such the applicant forcibly took her on his motorcycle and she is stated to have traveled with him to several places including Delhi and Kota. The victim has not raised any alarm during the said sojourn. 7. Learned counsel has further stated that there is no allegation of rape against the applicant. Even, there is no medical corroboration of the incident as the victim has refused her medical examination. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 26.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim is a minor aged about 10 years, although she is 14 years old as per medical report. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR and there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Bhuvnesh, 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 the 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. 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 :- 24.7.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad