HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30196 of 2025 Court No. - 65 (Sl. No. 129 out of 262) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Counter affidavit filed today by learned counsel for the informant is taken on record. 2. As informed by learned AGA, notice to the informant has been served on 10.09.2025 but none is present on behalf of the informant. 3. Heard Sri Bhaiya Lal Yadav, learned counsel for the applicant and Sri Lakshmi Kant Pandey, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 96 of 2025, under Sections 137(2), 64(1) of BNS and Sections 3/4 of POCSO Act, Police Station - Meerganj, District - Jaunpur, during the pendency of trial. 5. Having heard the learned counsel for the parties, this Court finds that there is an inordinate delay of 12 days in lodging the FIR. The statement of the victim recorded u/s 183 BNSS prima facie indicates that she had accompanied the applicant to an OYO hotel, which suggests consent. As per the ossification test report, the victim is stated to be about 17 years of age. In view of the judgments of 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, it has been held that the Versus Counsel for Applicant(s) : Bhaiya Lal Yadav, Krishna Kant Dubey, Santosh Kumar Dubey Counsel for Opposite Party(s) : G.A., Lakshmi Kant Pandey, Sandeep Kumar Pandey Suraj .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) opinion of a radiologist regarding age is not exact and carries a margin of error of 1–2 years on either side. Furthermore, there is no medical evidence on record to corroborate the alleged incident. 6. Without expressing any opinion on the merits of the case, prima facie the Court is of the view that the applicant has made out a case for bail. Accordingly, the bail application is allowed. 7. Let the applicant- Suraj, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. April 2, 2026 Siddhant BAIL No. 30196 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad