Neutral Citation No. - 2025:AHC:142203 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26136 of 2025 Applicant :- Varun Sharma Opposite Party :- State Of U.P. Though It Principal Secretary (Home) And Others Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- Deeksha Kesarwani,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Atul Kumar, learned counsel for the applicant, Ms. Deeksha Kesarwani, learned counsel for the informant and Sri Ram Mohit Yadav, learned A.G.A. as well as perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 119 of 2025, under Sections 74, 333, 352, 351(3), 65(1), 308(1) of BNS and Section 3/4 of POCSO Act, Police Station Kotwali Nagar, District Muzaffar Nagar, 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 as per High School Certificate, date of birth of the victim is stated to be 03.03.2007, as such her age comes out to be 18 years, 1 month and 12 days on the date of incident. The allegations have been made regarding corporeal relationship having continued for about four years just to make it fall within the purview of POCSO Act. The applicant himself is a youth aged about 19 years. 6. Learned counsel has next submitted that the FIR is delayed by six days and there is no explanation of the said delay caused. The victim seems to be a consenting party as she herself has stated that she had given Rs. one lac and ornaments to the applicant by taking it from her house. The informant has converted a failed consensual physical relationship between two adolescents into a criminal case. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 11.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned counsel for the informant as well as learned A.G.A. have vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and considering the delay in institution of the FIR coupled by 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. 10. Let the applicant- Varun Sharma, 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. 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 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad