HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28427 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Satya Prakash Rathor, learned counsel for the applicant, Sri Kandarp Dwivedi, Advocate holding brief of Sri Rajjan Verma, learned counsel for the informant as well as Sri Ram Mohit Yadav, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 50 of 2025, under Sections 75, 76 B.N.S. and 9/10 POCSO Act, Police Station- Kharela, District- Mahoba, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have taken away the minor daughter of the informant aged about 08 years in his hut and had kissed her on 16.6.2025 at about 09:00 p.m. 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 FIR is delayed by about eighteen hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the allegations have been escalated to that of aggravated sexual assault by the victim in her statement recorded U/s 183 B.N.S.S. after legal consultation. It is true that victim was minor, but the instant case has been foisted on the applicant out of vengeance. There is no injury to corroborate the prosecution story. Versus Counsel for Applicant(s) : Ashish Pandey, Satya Prakash Rathor Counsel for Opposite Party(s) : G.A., Rajjan Verma Parasram Ahirwar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 7. It is further argued by learned counsel for the applicant that there is no criminal antecedent of the applicant. The applicant is languishing in jail since 17.6.2025 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 counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the victim was of very tender age i.e. 08 years and the offence committed by the applicant is serious in nature. 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 delay of eighteen hours in institution of FIR coupled by the fact that the allegations have been inflated in the statement of the victim recorded U/s 183 B.N.S.S., which was recorded after delay, 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- Parasram Ahirwar, 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. September 10, 2025 Vikas Verma BAIL No. 28427 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad