HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33221 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 17.09.2025 but none is present on behalf of the informant even in the revised call. 2. Heard Sri Manvendra Singh, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 100 of 2025, under Sections 137(2), 115(2) of BNS and Section 5/6 of POCSO Act, Police Station Hathgaon, District Fatehpur, 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 FIR is delayed by two days and there is no explanation of the said delay caused. Although, there is allegation of sexual assault against the applicant but it is false. There was a dispute over grazing of land, as such the applicant has been falsely implicated in the case. There is no medical corroboration of the incident. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 24.05.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Manvendra Singh Counsel for Opposite Party(s) : G.A. Ajay Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 7. Learned State Law Officer has vehemently opposed the bail application on the ground that the victim is of tender age i.e. ten years, as such the applicant is not entitled for bail. 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 the FIR and there being no medical corroboration of the incident, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Ajay Kumar, 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. 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 applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 25, 2025 Sumit S BAIL No. 33221 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad