Neutral Citation No. - 2025:AHC:83035 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12517 of 2025 Applicant :- Anil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Neeraj Srivastava Counsel for Opposite Party :- G.A.,Naveen Kumar Yadav Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Neeraj Srivastava, learned counsel for the applicant, Sri Naveen Kumar Yadav, learned counsel for the informant, as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 420 of 2023, under Sections 363, 366, 376 IPC and 5/6 POCSO Act, Police Station Sector 58, District Gautam Buddha Nagar, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant in the night of 27.10.2023. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. There is no time of elopement mentioned in the FIR. The FIR is delayed by more than one day and there is no explanation of the said delay caused. 6. It is further stated that the victim is the consenting party, as is evident from her statement recorded u/s 164 Cr.P.C., whereby she has categorically stated that she was enticed away by the applicant on 27.10.2023 at about 4.00 am on the pretext that he shall purchase certain clothes for her and he had taken her to several places and raped her. She has further stated that the applicant came back with the victim after getting the information that the FIR has been instituted. The victim did not raise any alarm during her journey with the applicant to several places. 7. It is further argued that the victim is 16 years old as per ossification test report, as such, a leverage of two years may be granted to the applicant on the upper side. 8. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 13.11.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Learned A.G.A. and learned counsel for the informant have vehemently opposed the bail application. Learned counsel for the informant has stated that ossification test has been conducted in the year 2025 and the incident is of the year 2023, as such, even after taking up a leverage of two years, the victim shall be about 16 years old, as such, she is below the age of consent and the applicant is not entitled for bail. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, the statement of the victim recorded u/s 164 Cr.P.C. and there being no medical corroboration of the incident, 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. 11. Let the applicant- Anil, 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. 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 :- 19.5.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad