Neutral Citation No. - 2025:AHC:66779 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36692 of 2024 Applicant :- Virendra Rathor Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Manoj Pathak Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Vijay Shankar Shukla, learned counsel for the applicant, Sri Arjun Singh Yadav, learned counsel for the informant as well as Ms. Ifrah Islam, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.207 of 2024, under Sections 333, 75, 65(1), 351(3) B.N.S. and 3/4 POCSO Act, Police Station- Shergarh, District- Bareilly, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have barged into the house of the informant in the night of 15.7.2024 and had committed rape with her daughter by threatening her by a country made pistol. When the informant woke up and saw the said act being committed by the applicant, he is stated to have threatened her also. On her raising of alarm, the applicant is stated to have run away from the scene of occurrence leaving behind his slippers and country made pistol. 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 four days and there is no explanation of the said delay caused. There is no recovery of any slippers or country made pistol from the place of occurrence, as such, the prosecution story stands falsified. There is no medical corroboration of the incident. 6. Learned counsel for the applicant has further stated that the victim seems to be a consenting party as is but evident from the circumstances. The victim by her looks seems to be major, although she is stated to be 16 years old as per ossification test report, as such, a leverage of two years may be granted to the applicant on the upper side. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 5.8.2024 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 State Law Officer and learned counsel for the informant have vehemently opposed the bail application. 8. The Supreme Court in Jaya Mala vs. State of J & K, (1982) 2 SCC 538 and Mohd. Imran Khan vs. State (Govt. of NCT of Delhi), (2011) 10 SCC 192 has opined that the radiologist cannot predict the correct date of birth rather there is a long margin of 1 to 2 years on either side. 9. 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 of four days in institution of FIR and there being no medical corroboration of the incident, and without expressing any opinion on the merits of the case, 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- Virendra Rathor, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 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. Order Date :- 29.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad