HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29192 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Bhishm Pal Singh and Sri Asheesh Mani Tripathi, learned counsel for the applicants and Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the record. 3. Applicants seek bail in Case Crime No. 111 of 2025, under Sections 137(2), 87, 115(2) of BNS and Section 16/17 of POCSO Act, Police Station Rudhauli, District Basti, during the pendency of trial. 4. Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence. The FIR is delayed by 15 days and there is no explanation of the said delay caused. 5. Learned counsel has next stated that the role of marrying the victim and establishing sexual relationship has been assigned to co-accused Sahil Pande, as such role of applicants stand distinguished qua the main accused Sahil Pandey. The victim by her looks seems to be major although, she herself has stated her age to be 17 years. There is no recovery of any indecent video whatsoever from the applicants. There is no medical corroboration of the incident. 6. There is no criminal history of the applicants. The applicants are languishing in jail since 17.06.2025 and they are ready to cooperate with Versus Counsel for Applicant(s) : Asheesh Mani Tripathi, Bhishm Pal Singh Counsel for Opposite Party(s) : G.A. Harsh And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) trial. In case, the applicants are released on bail, they shall not misuse the liberty of bail. 7. Learned A.G.A. has vehemently opposed the bail application. 8. 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 delay in institution of FIR and taking into account the role of the applicants, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed. 9. Let the applicants- Harsh and Nitin, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with the evidence during trial. ii) The applicants shall not pressurise/intimidate with the prosecution witnesses. iii) The applicants shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 16, 2025 Sumit S BAIL No. 29192 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad