Neutral Citation No. - 2025:AHC:59555 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12968 of 2025 Applicant :- Dineshpal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rahul Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned AGA, notice to the informant has been served on 7.4.2025 but none is present on behalf of the informant. 2. Heard Sri Rahul Kumar Sharma, learned counsel for the applicant and Sri Ram Mohit Yadav, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 392 of 2024, under Sections 137(2), 87, 65(1), 142 of BNS and Sections 3/4(2) of POCSO Act, Police Station - Hathras Gate, District - Hathras, during the pendency of trial. 4. As per prosecution story, the applicant along with co-accused person Pinku Saxena is stated to have enticed away the minor daughter of the informant, aged about 15 years, on 23.08.2024 at about 11:00 PM. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about two days and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is the consenting party as is evident from the fact that she had gone with the applicant and co-accused person all the way to Lakhimpur khiri and stayed at the relative's house of the applicant. The victim by her looks seems to be major although as per ossification test report, her age has come out to be between 15 to 16 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. 7. Learned counsel has further argued that the allegations made in the FIR do not stand fortified by any medical evidence. There is no criminal history of the applicant. The applicant is languishing in jail since 27.11.2024 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. Per contra, learned AGA has 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, the evidence on record, delay in lodging the FIR and taking into consideration the settled law of the Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and Ors., 2022 INSC 690 and Manish Sisodia vs. Directorate of Enforcement, 2024 INSC 595 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. 11. Let the applicant- Dineshpal, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will 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:- 22.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad