Neutral Citation No. - 2025:AHC:142394 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25949 of 2025 Applicant :- Bramha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- D.M.Tripathi Counsel for Opposite Party :- Abhishekh S Mishra,G.A.,Rahul Tiwari Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri D.M. Tripathi, learned counsel for the applicant and Sri Rahul Tiwari, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 208 of 2024, under Sections 137(2), 87, 64 of BNS and Section 3/4 of POCSO Act and Section 3(2)(5), 3(2)(5Ka) of SC/ST Act, Police Station Karari, District Kaushambi, 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 major aged about 17 years and 7 months and by her physical appearance, she seems to be major. The victim is a consenting party as is but evident from her statement recorded under section 183 BNSS whereby she has stated that she wants to live with the applicant. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 11.10.2024 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. as well as learned counsel for the informant have 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- Bramha, 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