Neutral Citation No. - 2025:AHC:142450 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28425 of 2025 Applicant :- Vishnu Seth Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prem Shankar,Sanjay Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 1.8.2025. 3. Heard Sri Prem Shankar, learned counsel for the applicant, Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.50 of 2025, under Sections 137(2), 87, 65(1) B.N.S. and 3/4(2) POCSO Act, Police Station- Cantt., District- Varanasi, during the pendency of trial. 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. The victim is a consenting party as is but evident from her statement recorded U/s 183 B.N.S.S., whereby she had travelled with the applicant to several places and had not raised any alarm whatsoever. 6. Learned counsel for the applicant has further stated that the victim by her looks seems to be major, although she is stated to be 16 years old. The applicant himself is a young person. The only allegation is that applicant is a married person. Learned counsel has stated that applicant is the immediate neighbour of the victim, as such, there is no possibility of the victim not knowing the marital status of the applicant. 7. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 24.1.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the statement of the victim recorded U/s 183 B.N.S.S. coupled by the fact that she had not raised any alarm whatsoever during the said sojourn, 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. 10. Let the applicant- Vishnu Seth, 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 evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad