HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29253 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Santosh Prajapati, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 96 of 2025, under Sections 87, 137(2) of BNS, Police Station Etmaddaula, District Agra, 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 the victim seems to be a consenting party as is but evident from her statement recorded under section 183 BNSS whereby she has categorically denied being subjected to any sexual assault by the applicant. The consent of the victim can also be drawn from the fact that she had called the applicant to Agra Cant. station and thereafter traveled to Pune with him and back. 6. Learned counsel has next stated that the victim by her looks seems to be major. As per ossification test report, age of the victim comes out to be 18 years. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 04.05.2025 and he is ready to cooperate with Versus Counsel for Applicant(s) : Santosh Prajapati Counsel for Opposite Party(s) : G.A. Pushpraj .....Applicant(s) State of U.P. .....Opposite Party(s) trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned State Law Officer 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 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- Pushpraj, 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 16, 2025 Sumit S BAIL No. 29253 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad