HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 26812 of 2025 Court No. - 65 (Sl. No. 135 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 29.07.2025 but none is present on behalf of the informant. 2. Heard Ms. Reena Pal, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 204 of 2024, under Sections 137(2), 87, 65(1) of BNS and Section 4(2) of POCSO Act, Police Station - Awagarh, District - Etah, during the pendency of trial. 4. Having heard the learned counsel for the parties, this Court finds that the statement of the victim recorded u/s 183 BNSS prima facie indicates her consent as she had accompanied the applicant to several places and has not raised any alarm whatsoever. As per the ossification test report, the victim is stated to be between 15 to 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 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. Versus Counsel for Applicant(s) : Adarsh Srivastava, Reena Pal, Vinay Kumar Srivastava Counsel for Opposite Party(s) : G.A. Rashid Ali .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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- Rashid Ali, 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. 26812 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad