Neutral Citation No. - 2025:AHC:122893 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25594 of 2025 Applicant :- Vikram Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Yogesh Kumar Tripathi Counsel for Opposite Party :- G.A.,Kamlesh Kumar Mishra Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Yogesh Kumar Tripathi, learned counsel for the applicant and Sri Kamlesh Kumar Mishra, learned counsel for the informant as well as Sri Birendra 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. 554 of 2024, under Sections 137(2), 64(1), 87 of BNS and Sections 5J(ii)/6 of POCSO Act, Police Station - Gola, District - Gorakhpur, during the pendency of trial. 4. As per prosecution story, the FIR was instituted by the informant against unknown person regarding his missing daughter since 07.09.2024. 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 one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as is evident from her statement recorded u/s 183 BNSS whereby she has stated that she had gone with the applicant all the way to Pune and married him and even she was pregnant of six months, as such, it is a clear cut case of false implication. 7. Learned counsel has further stated that the victim by her looks seems to be major although she herself has stated her age to be 17 years. There is no medical corroboration of the incident. There is no criminal history of the applicant. 8. Learned counsel has next contended that the applicant is ready to take care of his wedded wife and the would-be off-spring of the victim. The applicant is languishing in jail since 24.05.2025 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 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. 10. 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, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Vikram Singh, 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 is directed to deposit Rs. 2,00,000/- (Two Lakhs) in the name of the victim in the form of a Fixed Deposit within one month from the date of his release from jail. ii) The applicant will not tamper with the evidence during trial. iii) The applicant will not pressurise/intimidate with the prosecution witnesses. iv) The applicant will 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:- 25.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad