Neutral Citation No. - 2025:AHC:65252 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7120 of 2025 Applicant :- Sameer Alias Sorab Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd. Shahibe Alam Counsel for Opposite Party :- G.A.,Ram Raj Pandey,Shubham Pandey Hon'ble Krishan Pahal,J. 1. List has been revised. 2. The original ossification test report has been received which indicates the age of the victim between 15-16 years. 3. Heard Sri Pushpendra Singh, Advocate holding brief of Sri Mohd. Shahibe Alam, learned counsel for the applicant, Sri Shashi Kumar Tiwari, Advocate holding brief of Sri Ram Raj Pandey, learned counsel for the informant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.226 of 2024, under Sections 137(2), 64(1) B.N.S. and Section 3/4 POCSO Act, Police Station Binauli, District Baghpat, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant, aged about 13 years old, on 05.10.2024 at about 12:00 p.m. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about 10 hours and there is no explanation of the said delay caused. The victim is a consenting party as is but evident from the fact that she has travelled with the applicant to several places upto Delhi and then to Ballia and has not raised any alarm whatsoever, although she has stated that the applicant had raped her, but her consent can also be drawn from the fact that she had taken away Rs.65,000/- cash alongwith ornaments worth Rs.50,000/- from her house. 7. Learned counsel for the applicant has further argued that the victim by her looks seems to be major as her age has come out to be between 15-16 years as per ossification test report. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 14.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the victim was 13 years old only, as such, was of tender age and her consent, if any, has no significance in the eyes of law. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the victim is a consenting party as she has travelled with the applicant to several places coupled with the fact that there is no medical corroboration of the incident, 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. 10. Let the applicant- Sameer Alias Sorab, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. 13. The original ossification test report received shall be returned to the office of the C.M.O. concerned after retaining the photostat copies of the same on record. Order Date :- 28.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad