Neutral Citation No. - 2025:AHC:11586 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1077 of 2025 Applicant :- Mohammad Iliyas Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Deepak Kumar Tripathi, learned counsel for the applicant and Sri Akhilesh Kumar Tripathi, learned counsel for the informant as well as Sri J.K. Chaurasia, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 0332 of 2024, U/S 5L/6 Protection of Children From Sexual Offences Act, 2012, Police Station Dudhara, District Sant Kabir Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. 5. Learned counsel has further stated that the applicant was enlarged on interim bail by a co-ordinate Bench of this Court vide order dated 13.11.2024 passed in CRIMINAL MISC. BAIL APPLICATION No. - 38809 of 2024. He has not misused it and is ready to co-operate during trial. The said order was passed u/s 376 IPC and 3/4 of POCSO Act but subsequent to it, final report (charge sheet) has been submitted against him u/s 5L/6 of POCSO Act instead of Section 3/4 of the POCSO Act, as such, the instant bail application has also been filed in the relevant section. 6. Learned counsel has further submitted that both, the applicant and the victim, have agreed to marry each other and there is no dispute regarding the said fact. The victim is 19 years of age. and the applicant himself is 26 years old. 7. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. 8. There is no criminal history of the applicant. The applicant is languishing in jail since 22.8.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned State Law Officer has vehemently opposed the bail application but has not disputed the bail application on the ground that both the parties have agreed to marry each other. 10. Learned State Law Officer could not bring forth any exceptional circumstances which would warrant denial of bail to the applicant. 11. It is settled principle of law that the object of bail is to secure the attendance of the accused at the trial. No material particulars or circumstances suggestive of the applicant fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned State Law Officer. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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. 13. Let the applicant- Mohammad Iliyas involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 15. 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 :- 23.1.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad