HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27662 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned A.G.A., notice to the informant has been served on 12.08.2025 but none is present on behalf of the informant. 2. Heard Sri Devashish Mitra, learned counsel for the applicant and Sri Shyam Dhar Mauriya, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 244 of 2025 , under Sections 75, 137(2), 87 of BNS and Section 7/8 of POCSO Act, Police Station Faridpur, District Bareilly, 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 it is true that the victim is minor but the allegations are per se false. The victim has categorically denied being subjected to sexual assault by the applicant in her statement recorded under section 183 BNSS. The FIR itself is delayed by about 11 hours and there is no explanation of the said delay caused. 6. Learned counsel has next stated that the consent of the victim can be drawn from the time of the offence committed as the victim had eloped with the applicant at about 1 a.m. in the night of 26.03.2025, as such the applicant is entitled for bail. Versus Counsel for Applicant(s) : Devashish Mitra Counsel for Opposite Party(s) : G.A. Rahul .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 7. There is no criminal history of the applicant. The applicant is languishing in jail since 07.06.2025 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 and taking into consideration the statement of the victim recorded under section 183 BNSS, 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- Rahul, 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. September 10, 2025 Sumit S BAIL No. 27662 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad