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eutral Citation No. - 2025:AHC56588 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47480 of 2024 Applicant :- Amit Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahendra Kumar Yadav,Raj Kumar Yadav,Salil Krishna Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Compliance affidavit filed by learned A.G.A. is taken on record.
3. Heard Sri Mahendra Kumar Yadav, learned counsel for applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.
4. Learned A.G.A. has informed that the notice to the informant has been served on 18.12.2024.
5. The present bail application has been filed by the applicant in Case Crime No.152 of 2024, under Sections 65(1), 87, 137(2) B.N.S. and Section 3/4 POCSO Act, Police Station Nandganj, District Ghazipur with the prayer to enlarge him on bail.
6. It is argued by the counsel for the applicant that the victim is a consenting party as per her own statement recorded under Section 183 B.N.S.S. She is minor aged about 13-14 years old as per ossification test report. Learned counsel has further stated that there is no criminal history of the applicant. He is in jail since 08.09.2024 and is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
7. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that as per ossification test report, the victim is 13-14 years old.
8. After hearing learned counsel for the parties and taking into
consideration the fact that as per ossification test report, the age of the victim is 13-14 years and even after taking up a leverage of two years on the upper side, the victim fall below the age of
majority, I do not find it a fit case for grant of bail to the applicant.
9. The bail application is found devoid of merits and is, accordingly, rejected.
10. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 17.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad