Neutral Citation No. - 2025:AHC:86057 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10775 of 2025 Applicant :- Bhawna Alias Bhavvo Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Priyanka Sharma Counsel for Opposite Party :- G.A.,Ila Deol Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 28.03.2025 but none is present on behalf of the informant. 2. Heard Ms. Priyanka Sharma , learned counsel for the applicant and Ms. Ila Deol, learned counsel appearing on behalf of High Court Legal Services Authority as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 0807 of 2024, under Sections 65(1), 61(2), 351(3) of BNS and Sections 16/17 of POCSO Act, Police Station Kotwali, District Lalitpur, during the pendency of trial. 4. As per prosecution story, co-accused Narendra @ Chunnu is stated to have committed rape with the victim and the applicant had video recorded the said act. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. She has nothing to do with the said offence as alleged in the FIR. The allegations are per se false. 6. Learned counsel has also stated that as per ossification test report, age of the victim has come up to be 16 and 1/2 years as such, a leverage of two years may be granted to the applicant on upper side in light of law laid down by Supreme Court. There is no recovery of any video whatsoever. The allegations of rape cannot be foisted on the applicant as she is not biologically capable to commit the said offence. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 10.01.2025 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. Per contra, learned AGA and learned counsel appearing on behalf of High Court Legal Services Authority have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. With respect to the age of the victim, a leverage of two years can be granted to the applicant on the upper side in light of the judgement of Supreme Court passed 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, whereby it has been opined that the radiologist cannot predict the correct date of birth rather there is a long margin of 1 to 2 years on either side. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the fact that there is no recovery of any video whatsoever, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Bhawna Alias Bhavvo, 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 the 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. 12. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 13. 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 :- 21.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad