HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27175 of 2025 Court No. - 65 (Sl. No. 137 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 4.8.2025 but none is present on behalf of the informant. 2. Heard Sri Atul Verma, Advocate holding brief of Sri Akash Tomar, 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. 0086 of 2025, under Sections 137(2), 87, 65(1) of BNS and Sections 3/4(2) of POCSO Act, Police Station - Kankerkheda, District - Meerut, during the pendency of trial. 4. Pursuant to the order passed by this Court, ossification test report of the victim has been received. Let the original ossification test report be transmitted to the Trial Court concerned after retaining the photocopy of the same. 5. 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 from Meerut to Shamli and stayed there with him for 20 days without raising any alarm whatsoever. As per the ossification test report, the victim is stated to be about 18 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 Versus Counsel for Applicant(s) : Akash Tomar Counsel for Opposite Party(s) : G.A. Arun .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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. 6. 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. 7. Let the applicant- Arun, 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. 8. 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. 27175 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad