HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27241 of 2025 Court No. - 65 (Sl. No. 138 out of 259) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Rajendra Prasad and Sri Sushil Kumar Sharma, learned counsels for the applicant and Sri Vivek Sharma, learned counsel for the informant as well as Sri Rajendra Prasad Singh, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 391 of 2025, under Sections 137(2), 87, 64(1) of BNS and Sections 3/4 of POCSO Act, Police Station - Civil Lines, District - Moradabad, during the pendency of trial. 4. Having heard the learned counsel for the parties, this Court finds that the statement of the victim recorded under Section 183 of BNSS, prima facie indicates her consent, as she has stated that her mother has objected to the proposed marriage with the applicant solely on account of his different caste. As per the ossification test report, the victim is stated to be about 17 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. 5. Without expressing any opinion on the merits of the case, prima facie Versus Counsel for Applicant(s) : Abhishe Pandey, Rajendra Prasad, Ravi Shankar Shukla, Sushil Kumar Sharma Counsel for Opposite Party(s) : G.A., Momraj, Vivek Sharma Lokendra .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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- Lokendra, 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. 27241 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad