HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8193 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. As per the instructions of the learned A.G.A., the victim has been served with notice. However, none appears on behalf of the complainant. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The accused-applicant seeks bail in FIR No.364 of 2025 under Section 69, 65(1) BNS Section 3(2)(v) SC/ST Act and Section 5/6 POCSO Act, Police station Thakurganj, District Lucknow. 4. In the prosecution case it is alleged that on the pretext of marriage the accused applicant by deceiving the victim had been regularly maintaining physical relations with her but upon being asked to solemnize the marriage he refused to do so. 5. Learned counsel for the applicant submits that as per the radiological examination the victim has been found to be a major aged about 18 years. In her statement under Section 183 BNSS, the victim has expressed her willingness to marry the applicant. It is further submitted that no allegation has been levelled against the applicant under the provisions of the SC/ST Act, nor is there any allegation that the physical relationship between the applicant and the victim was without her consent. In paragraphs 6 and 7 of the bail application, the applicant has specifically pleaded his readiness to marry the victim. The relationship between the two was consensual and, therefore, the question of refusal to marry does not arise. The applicant has Versus Counsel for Applicant(s) : Irshad Ali, Syed Suleman Abbas Counsel for Opposite Party(s) : G.A. Mohammad Sameer .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) no criminal antecedents and the investigation is still in progress. 6. Learned A.G.A. has opposed the prayer for bail of the applicant and has submitted that, as per the ossification test, the victim has been found to be about 16 years of age. 7. Learned counsel for the applicant submits that margin of error in ascertaining age by radiological examination is two years on either side as held by Supreme Court in Jaya Mala versus Home Secretary, Government of Jammu & Kashmir and others (1982)2 SCC 538 and the applicant being the accused is entitled for giving the benefit on higher side. 8. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. 9. On due consideration to the pleadings made in the paragraph 6 and 7 to the bail application; statement of the victim under Section 183 BNSS; the applicant is in jail since 30.6.2025; the applicant has no criminal antecedents; also considering the judgement of Jaya Mala (supra) and without expressing any opinion on merits of the case I find it to be a fit case for enlarging the applicant on bail. 10. Accordingly, the bail application is allowed. 11. Let the applicant Mohammad Sameer be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court below concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek BAIL No. 8193 of 2025 2 any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the IPC (now Section 269 BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS)is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the IPC (now Section 209 BNS). August 29, 2025 Madhu D.R/P.S BAIL No. 8193 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench