Neutral Citation No. - 2025:AHC:79894 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47423 of 2024 Applicant :- Dilraj Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rohan Gupta Counsel for Opposite Party :- Ashish Tyagi,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 Rohan Gupta, learned counsel for the applicant, Sri Ashish Tyagi, learned counsel for the informant, Sri R.M. Yadav, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.299 of 2024, under Section 65(1) B.N.S. and 4(2) POCSO Act, Police Station Ankur Vihar, District Ghaziabad, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have forcibly taken the victim, aged about 13 years, to his house in the night of 20.08.2024 at about 1:00 a.m. and had committed rape with her. 6. 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 sixteen hours and there is no explanation of the said delay caused. The victim by her looks seems to be major. As per ossification test report, she is 16 years old and a leverage of two years may be granted to the applicant on the upper side. 7. Learned counsel for the applicant has further argued that the victim seems to be a consenting party as she has not raised any alarm whatsoever and it is not possible for a person to gag mouth of a person and take her away from her house to his house and commit rape with her. There is no sign of any struggle whatsoever as the victim has not sustained any injury. There is no criminal history of the applicant. The applicant is languishing in jail since 22.08.2024 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 and learned A.G.A. have vehemently opposed the bail application on the ground that the FIR is prompt and was instituted the same day and the victim has supported the allegations of FIR in her statement recorded under Sections 180 and 183 B.N.S.S. and the doctor has even opined that the victim has been subjected to sexual assault, as such, the applicant is not entitled for bail. 9. 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. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no injury observed by the doctor conducting medical examination of the victim and there being no sign of any resistance whatsoever, 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. 11. Let the applicant- Dilraj, 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 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 15.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad