HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32745 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Heard Sri Babu Lal Ram, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.348 of 2023, under Sections 363, 366, 342 I.P.C. and 7/8 POCSO Act, Police Station Mubarakpur, District Azamgarh, during the pendency of trial. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about twelve hours and there is no explanation of the said delay caused. The victim by her looks seems to be major, although her age has been mentioned to be 15 years in the FIR. She has stated that the applicant had forcibly taken her in a car, but has not made any allegations against the applicant regarding sexual assault. Even she has stated that the applicant had left her in the market at Ghazipur, which is about 50-60 kilometers away from the place of residence of the informant, as such, the applicant is entitled for bail. 6. Learned counsel for the applicant has further argued that there is no previous criminal history of the applicant. The applicant is languishing in jail Versus Counsel for Applicant(s) : Babu Lal Ram, Pramod Kumar Counsel for Opposite Party(s) : G.A. Irfan Alias Karrar Haidar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) since 20.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will 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, taking into consideration the delay in institution of FIR and there being no allegation of sexual assault against the applicant, and without expressing any opinion on the merits of the case, prima-facie 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- Irfan Alias Karrar Haidar, 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 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 23, 2025 (Ravi Kant) BAIL No. 32745 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad