# CRIMINAL MISC. BAIL APPLICATION No. 12097 of 2025 at Allahabad

Court: Allahabad High Court
Date: 2025-04-23
Citation: CRIMINAL MISC. BAIL APPLICATION No. 12097 of 2025 at Allahabad
Petitioner: CRIMINAL MISC. BAIL APPLICATION No. 12097 of 2025 at Allahabad
Respondent: Unknown

[Official PDF on Allahabad High Court website](https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadOriginalHCJudgmentDocument.do?translatedJudgmentID=64270)

## Judgment text (excerpt)

Neutral Citation No. - 2025:AHC:61374 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12097 of 2025 Applicant :- Vivek Kumar Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amit Rana, Advocate holding brief of Sri Manoj Kumar Gupta, learned counsel for the applicant, Sri Pankaj Kumar Yadav, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.405 of 2024, under Sections 137(2), 87, 64 B.N.S. and 3/4 POCSO Act, Police Station Sevarhi, District Kushinagar, 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. The FIR is delayed by about 9 days and there is no explanation of the said delay caused. The allegations of rape have been subsequently made against the applicant, but the victim is a consenting party as is but evident from her statement recorded under Sections 180 and 183 B.N.S.S. as she has mar

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