Neutral Citation No. - 2025:AHC:19186 Court No. - 73 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1473 of 2025 Applicant :- Niyaz Ahmad Alias Niyaz Warsi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Archana Maurya,Pt. S.P. Sharma Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This second bail application has been moved on behalf of the applicant in case crime No. 299 of 2022, under Sections-363, 366, 376 (3), 506 IPC and Sections 3 / 4 of POCSO Act, police station Purani Basti, District Basti, with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court on merits vide order dated 23.04.2024. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. The alleged incident has been shown of 6.9.2022 but first information report has been lodged after five days on 11.9.2022 and delay in lodging of first information report has not been explained. In her statement under Section 161 CrPC, victim has stated that she was having love affair with the applicant since last 7-8 months. There is nothing to show that the victim was forcibly taken away to a hotel where physical relations were established against her will. The allegation that applicant has established physical relations on the pretext of marriage, is wholly false. It was submitted that the first bail application of the applicant was rejected by this Court vide order dated 23.04.2024 and after that statement of informant as well as of victim and another witness of fact have been recorded before the trial Court. In the alleged school transfer certificate, age of victim was shown about 15 years and 8 months but in his statement before the trial Court, the informant/ PW-1 has stated that no document was produced at the time of admission of victim in the school regarding her age and her date of birth was mentioned on the basis of advice of the teacher of the School. Referring to the statement of informant, it was submitted that in the school record, her age was shown less and that her ossification test has not been conducted and in fact she is a major girl. Victim has not sustained any injury. It was stated that as witnesses of fact have already been recorded before the trial Court, and thus, there is no possibility of tampering with evidence. Lastly, it was submitted that the applicant is in jail since 22.9.2022, having no criminal history, and that in case he is enlarged on bail, he will not misuse the liberty of bail. 4. Learned A. G. A. as well as learned counsel for informant have opposed the bail application and submitted that victim is a minor girl aged about 15 years and that in her statement, she has made allegations of rape against the applicant. 5. Considering submissions of learned counsel for the parties and all attending facts, without expressing any opinion on merits, a case for bail is made out. 6. The bail application is allowed. 7. Let the applicant - Niyaz Ahmad Alias Niyaz Warsi involved in aforesaid case be released on bail on furnishing each 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 the evidence during the trial. ii. The applicant shall not pressurize/ intimidate any of the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless his personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 8. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 10.2.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad