Neutral Citation No. - 2025:AHC:142708 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28526 of 2025 Applicant :- Raj Bharti Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akash Singh,Shivam Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned A.G.A., notice to the informant has been served on 09.07.2025 but none is present on behalf of the informant even in the revised call. 2. Heard Sri Shivam Singh, learned counsel for the applicant and Sri Virendra Pratap Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 12 of 2025, under Sections 137(2), 87, 65(1) of BNS and Section 3/4(2) of POCSO Act, Police Station Jamalpur, District Mirzapur, 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. He has nothing to do with the said offence. 5. Learned counsel has next stated that the victim is a consenting party as is but evident from her statement recorded under section 183 BNSS whereby she has stated that she had married the applicant and he happens to be her relative and the said relationship does not bar any marriage as per Hindu Marriage Act. Although, victim is stated to be minor. The applicant himself is a youth aged about 18 years. The informant has converted a failed consensual physical relationship into a criminal case. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 28.03.2025 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 fact that the victim is a consenting party, 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- Raj Bharti, 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. 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 :- 20.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad