Neutral Citation No. - 2025:AHC:89383 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6700 of 2025 Applicant :- Aditya Alias Sonu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Javed Husain Khan,Lakshya Jauhari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Lakshya Jauhari, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 25.02.2025. 4. Applicant seeks bail in Case Crime No.207 of 2024, under Sections 137(2), 64, 87 B.N.S. & Section 3/4 POCSO Act, Police Station- Crossing Republic, District- Ghaziabad, during the pendency of trial. 5. At the very outset, learned A.G.A. informed that after query, it has been learnt by the State that applicant has been enlarged on bail in all the nine cases assigned to him. 6. Learned counsel for the applicant has argued that the applicant is not named in the FIR and has been falsely implicated in the present case. The FIR was lodged against unknown person regarding missing niece of the informant since 01.07.2024 at about 06:00 P.M. The FIR is delayed by about three days and there is no explanation of the said delay caused. 7. Learned counsel for the applicant has further argued that the victim in her statement recorded under Section 183 B.N.S.S. has stated that she had gone with the applicant all the way to Haryana and has not raised any alarm whatsoever, although she has stated that the applicant had kept her in a room. The applicant has noting to do with the said offence and the allegations are per se false. There is no medical corroboration of the said incident either. 8. Learned counsel for the applicant has also argued that the victim by her looks seems to be major, although she is stated to be 16 years old as per high school certificate. There is no criminal history of the applicant. The applicant is languishing in jail since 21.07.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. has vehemently opposed the bail application. 10. The Supreme Court in Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673 has stated that it is more often in the Indian Society that person shows the age of their wards much below than their actual age. It is also settled by Supreme Court that as per the medical records, a leverage of two years may be granted to the accused person. In the case of Brij Mohan Singh vs. Priya Brat Narain Sinha, AIR 1965 SC 282, this Court, inter alia, observed that in actual life it often happens that persons give false age of the boy at the time of his admission to a school so that later in life he would have an advantage when seeking public service for which a minimum age for eligibility is often prescribed. 11. 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 coupled with the fact that the victim seems to be a consenting party, 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. 12. Let the applicant- Aditya alias Sonu, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 26.5.2025 Sachin (Justice Krishan Pahal) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad