Neutral Citation No. - 2025:AHC:129641 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26420 of 2025 Applicant :- Dev Alias Devu Alias Mani Gupta Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Babit Kumar,Yadvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Yadvendra Singh, learned counsel for the applicant and Sri Ritesh Kumar, learned counsel for the informant as well as Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 135 of 2025, under Sections 137(2), 87, 75 of BNS and Section 11/12 of POCSO Act, Police Station Bidhuna, District Auraiya, 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 as alleged in the FIR. The FIR is delayed by one day and there is no explanation of the said delay caused. 5. Learned counsel has further stated that the victim is a consenting party as is but evident from her statement recorded under section 183 BNSS whereby she has traveled with the applicant on motorcycle and other vehicles to several places including Delhi and Rajasthan and has not any alarm whatsoever. Even the victim herself has stated that she has not been subjected to any sexual assault by the applicant. There is no medical corroboration of the incident. 6. Learned counsel has further stated that the victim is aged about 17 years as per her own statement but by her physical appearance, she seems to be major. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 17.5.2025 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. Per contra, learned AGA and learned counsel for the informant have has 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in institution of the FIR and there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Dev Alias Devu Alias Mani Gupta, 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 :- 1.8.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad