HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33190 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Rajiv Chaudhayr, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 76 of 2025, under Sections 137(2), 87 of BNS, Police Station Ram Nagar, District Varanasi, 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 the fact that she has traveled with the applicant and stayed with him and has not raised any alarm whatsoever. The victim by her physical appearance seems to be major although, as per school certificate of class-IXth, her age comes out to be 14 years, 6 months and 3 days but the said document has no evidentiary value being hit by Section 94 of the Juvenile Justice (Care and Protection of Children) Act. 6. There is no criminal history of the applicant. The applicant is languishing in jail since 13.06.2025 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) : Rajiv Chowdhury Counsel for Opposite Party(s) : G.A. Vishal Kumar Seth .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Learned A.G.A. has vehemently opposed the bail application. 8. The Supreme Court in the case of P. Yuvaprakash vs State Rep. by Inspector of Police, AIR 2023 SC 3525, has observed that in the absence of records relating to the birth of the victim, no other documents except the Matriculation or equivalent certificate from the concerned examination board or certificate by a corporation, municipal authority or a Panchayat can be relied upon to ascertain the age of the victim. 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- Vishal Kumar Seth, 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 25, 2025 Sumit S BAIL No. 33190 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad