Neutral Citation No. - 2025:AHC:91582 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13179 of 2025 Applicant :- Tiger Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Himanshu Dubey Counsel for Opposite Party :- G.A.,Ragini Gupta Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Compliance affidavit filed by learned A.G.A. is taken on record and it indicates the age of the victim to be 15 years as per ossification test report. 3. Heard Sri Himanshu Dubey, learned counsel for the applicant, Ms. Ragini Gupta, learned counsel for the High Court Legal Service Committee, Sri Ashwani Kumar Tripathi, learned A.G.A. for the State and perused the material placed on record. 4. Learned A.G.A. has informed that the notice to the informant has been served on 04.04.2025. 5. Applicant seeks bail in Case Crime No.230 of 2024, under Sections 64, 87, 137(2) B.N.S. and Section 3/4 POCSO Act, Police Station Gujaini, District Kanpur Nagar, during the pendency of trial. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party as is but evident from her statement recorded under Section 183 B.N.S.S. as she has travelled with the applicant all the way to Gujarat and has not raised any alarm whatsoever, rather she has stated that she married the applicant. She has expressed her willingness to stay with the applicant only. 7. Learned counsel for the applicant has further argued that as per ossification test report, the victim is 15 years old, but by her looks she seems to be major. There is no medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 23.10.2024 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 A.G.A. and learned counsel for the High Court Legal Service Committee have vehemently opposed the bail application. 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 the fact that the victim seems to be a consenting party and there being 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- Tiger Kumar, 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 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. 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. Order Date :- 28.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad