Neutral Citation No. - 2025:AHC:73279 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5670 of 2025 Applicant :- Mustafa Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shiv Prakash Counsel for Opposite Party :- G.A.,Mohammad Farooque Ansari Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Compliance affidavit filed today is taken on record. 3. Heard Sri Upendra Kumar Singh, Advocate holding brief of Sri Shiv Prakash, learned counsel for the applicant, Sri Mohammad Farooque Ansari, learned counsel for the informant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.374 of 2024, under Sections 65(2), 351(2), 351(3) B.N.S. and 5m/6 POCSO Act, Police Station Kundarki, District Moradabad, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed rape with the victim on 20.10.2024 at about 6:00 p.m. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. There is no medical corroboration of the incident. The FIR is delayed by about two days and there is no explanation of the said delay either. 7. Learned counsel for the applicant has further argued that the victim is 17 years old as per ossification test report and a leverage of two years may be granted to the applicant on the upper side. There is no criminal history of the applicant. The applicant is languishing in jail since 24.10.2024 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. 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 delay in institution of the FIR and there being no medical corroboration of the incident, 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- Mustafa, 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 :- 7.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad