Neutral Citation No. - 2025:AHC:80974 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6871 of 2025 Applicant :- Ashish Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- Abhinav Trivedi,Adarsh Kumar,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. The ossification test report of the victim has been received in compliance of order dated 9.4.2025. As per the report, she is 16 years old. The report be returned to the office of the concerned C.M.O. after retaining the photocopy thereof. 3. Heard Sri Vikash Chandra Tiwari, learned counsel for the applicant and Sri Abhinav Trivedi, learned counsel for the informant as well as Sri R.P. Singh, learned State Law Officer for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No. 562 of 2024, U/S 65(1) B.N.S. and 5L/6 POCSO Act and 3(2)(5) S.C./S.T. Act, Police Station Khoda, District Ghaziabad, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have committed rape with the victim on 5.10.2024. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is stated that he has nothing to do with the said offence. 7. It is further stated that FIR is delayed, as there is no time of offence mentioned in the FIR, although it was registered in the same night at about 3.07 am. It is a clear-cut case of false implication, as there is no medical corroboration of the incident. 8. Learned counsel has further stated that as per ossification test report, the victim is 16 years old, as such, a leverage of two years may be granted to the applicant on the upper side. The victim has not sustained any injury, whatsoever. 9. The story as narrated by the victim indicates her consent, as she has stated that she had gone for toilet and while coming down from the first floor for toilet, the applicant forced her into the room and committed rape with her therein and again in the bathroom. The said allegations are per se false. 10. There is no criminal history of the applicant. The applicant is languishing in jail since 6.10.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail. 11. Learned A.G.A. has vehemently opposed the bail application but has not disputed the fact that there is no criminal history of the applicant and the aforesaid submissions of learned counsel for the applicant. 12. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and there being no medical corroboration of the incident, 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. 13. Let the applicant- Ashish involved in aforementioned case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 14. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 15. 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 :- 16.5.2025 Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad