HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26508 of 2025 Court No. - 65 (Sl. No. 120 out of 262) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 02.08.2025 but none is present on behalf of the informant. 2. Heard Sri Prince Kumar Srivastava, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 04 of 2025, under Sections 137(2), 87, 65(1) of BNS and Sections 5L/6 of POCSO Act, Police Station - Chiluwatal, District - Gorakhpur, during the pendency of trial. 4. Having heard learned counsel for the parties, this Court finds that the statement of the victim recorded under Section 183 BNSS indicates her consent, as she had accompanied the applicant to Gujarat and solemnized marriage with him. As per the ossification test report, her age has been assessed to be about 17 years. In view of the law laid down by 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 radiological age determination is not exact and a margin of 1 to 2 years on either side is to be considered. 5. 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. Versus Counsel for Applicant(s) : Ashwani Kumar Pathak, Prince Kumar Srivastava Counsel for Opposite Party(s) : G.A. Mukesh Sahni @ Takkal .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Accordingly, the bail application is allowed. 6. Let the applicant- Mukesh Sahni @ Takkal, 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. 7. 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. 26508 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad