Neutral Citation No. - 2025:AHC:122657 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25499 of 2025 Applicant :- Rajkumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manvendra 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 27.06.2025 but none is present on behalf of the informant. 2. Heard Sri Manvendra Singh, learned counsel for the applicant and Sri Ajay Singh, learned A.G.A.-I for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 190 of 2025, under Sections 137(2), 65(1), 123 of BNS and Sections 3/4 of POCSO Act, Police Station - Wajeerganj, District - Budaun, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant on 25.04.2025 at about 03:00 AM. 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 more than three days and there is no explanation of the said delay caused. The applicant is not named in the FIR. 6. Learned counsel has also stated that the victim is the consenting party which is but evident from her statement recorded u/s 183 BNSS whereby she has stated that the applicant had barged into her house and taken her to Delhi after rendering her unconscious and kept there for one day. She has not been subjected to any kind of sexual assault by the applicant although the applicant has established relationship with her. 7. Learned counsel has further stated that the victim by her looks seems to be major although as per medical report, her age has come out to be 15 years. There is no medical corroboration of the incident. The applicant is languishing in jail since 02.05.2025, having no criminal history to his credit, deserved to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned AGA-I 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, 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 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- Rajkumar, 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