Neutral Citation No. - 2025:AHC:27488 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45805 of 2024 Applicant :- Kanhaiya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anjali Singh Tomer,Dev Kumar Yadav,Neeraj Kumar Chaurasiya Counsel for Opposite Party :- G.A.,Virendra Singh Tomar Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Ms. Nushra Siddiqui, holding brief of Ms. Anjali Singh Tomer, learned counsel for the applicant, Sri Virendra Singh Tomar, learned counsel for the informant and Sri Jai Kishan Chaurasiya, learned State Law Officer as well as perused the material placed on record. 3. Affidavit of compliance filed by the learned A.G.A. today is taken on record. 4. Applicant seeks bail in Case Crime No. 414 of 2024, under Sections 137(2), 64, 74 of BNS and Section 3/4 of POCSO Act, Police Station Nai Mandi, District Muzaffar Nagar, 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. He has nothing to do with the said offence. The allegations are per se false. The FIR has been instituted on the same night at 11:27 p.m. but there is no time of offence mentioned in the FIR. It is next stated that there is no medical corroboration of the said incident. The victim by her physical appearance seems to be major, although, as per ossification test report also, her age has come out to be between 17-18 years, as such, a leverage of two years may be granted to the applicant on the upper side. 6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 07.09.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned counsel for the informant as well as learned State Law Officer have vehemently opposed the bail application. 9. As per ossification test report, the age of the victim is 17 to 18 years and a leverage of two years may be granted to the applicant on the upper side in the light of the judgement of Supreme Court passed 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, whereby it has been opined that the radiologist cannot be predict the correct date of birth rather there is a long margin of 1 to 2 years on either side. 10. In light of the judgement of the Supreme Court passed in Niranjan Singh and another vs Prabhakar Rajaram Kharote and others AIR 1980 SC 785, this Court has avoided detailed examination of the evidence and elaborate documentation of the merits of the case as no party should have the impression that his case has been prejudiced. A prima facie satisfaction of case is needed but it is not the same as an exhaustive exploration of the merits in the order itself. 11. 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 settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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. 12. Let the applicant- Kanhaiya, 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. 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 27.2.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad