HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7347 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 77 of 2025, under sections 64(1), 351 (3) BNS, Sections 3/4 POCSO Act, P.S. Ramganj, District Amethi. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 20.6.2025 the victim was enticed by the applicant and taken to a field where physical relation were formed and when maternal uncle of the victim had seen them the applicant ran away. In the statement under Sections 180 and 183 BNSS the victim reiterated the same version. However in the statement made before the medical authority the victim stated that physical relation were formed in between them on earlier occasion also. The tentative age of the victim is around 17 years as per medical and as per school certificate the tentative age of the victim is around 14 years. 4. Learned AGA has opposed the bail application. 5. Considering that the issue with respect to actual determination of age of the victim is to be seen at the time of trial in view of the judgement and order dated 9.2.2023 passed by this Court in the case of Monish vs State of U.P. and others in Criminal Misc Bail Application No. 55026 of Versus Counsel for Applicant(s) : Ved Prakash Yadav, Girjesh Kumar Yadav, Ramakar Shukla Counsel for Opposite Party(s) : G.A., Dileep Kumar Tiwari Shivam Kashyap @ Gulli .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Opposite Party(s) 2021, coupled with the fact that the statement of the victim to the effect that the relationship were formed on earlier occasion also, however, without commenting upon the merits of the case, the applicant who is in jail since 22.6.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Shivam Kashyap @ Gulli be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. November 18, 2025 J. K. Dinkar BAIL No. 7347 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench