HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26077 of 2025 Court No. - 65 (Sl. No. 125 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 9.7.2025 but none is present on behalf of the informant. 2. Heard Sri Sharad Kumar Srivastava, learned counsel for the applicant and Ms. Fatma Anjum, learned counsel for High Court Legal Services Committee as well as Sri Jai Kishan Chaurasia, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 177 of 2025, under Sections 137(2), 87, 65(1), 123(1) of BNS and Sections 5/6 of POCSO Act, Police Station - Bindki, District - Fatehpur, during the pendency of trial. 4. Having heard the learned counsel for the parties, this Court finds that the version of events as narrated by the victim in her statement recorded u/s 183 of BNS cannot be believed. She has stated that the applicant spiked her drink, rendering her unconscious, and then took her on a motorcycle to a secluded place, whereupon, upon regaining consciousness, she found herself to be naked although there is no allegation of rape in it. As per the ossification test report, the victim is stated to be about 16 years of age. In view of the judgments of 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 opinion of a radiologist regarding age is not Versus Counsel for Applicant(s) : Sharad Kumar Srivastava Counsel for Opposite Party(s) : Fatma Anjum, G.A. Ankit Sonkar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) exact and carries a margin of error of 1–2 years on either side. Furthermore, there is no medical evidence on record to corroborate the alleged incident. 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. Accordingly, the bail application is allowed. 6. Let the applicant- Ankit Sonkar, 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 23, 2026 Siddhant BAIL No. 26077 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad