Neutral Citation No. - 2025:AHC:67609 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13107 of 2025 Applicant :- Danish Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajeev Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned State Law Officer, notice to the informant has been served on 21.04.2024 but none is present on behalf of the informant. 2. Heard Sri Mohit Kumar Vainshla, Advocate holding brief of Sri Rajeev Kumar Pal, learned counsel for the applicant and Sri Kushargra Srivastava, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 269 of 2024, under Sections 363, 366, 376 of IPC and Sections 3/4 of POCSO Act, Police Station - Budhana, District - Muzaffarnagar, during the pendency of trial. 4. 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. It is also stated that the victim is the consenting party as is evident from her statement recorded u/s 164 Cr.P.C. whereby she has expressed her willingness to stay with the applicant. 5. Learned counsel has further stated that the victim by her looks seems to be major although she is stated to be 17 years old as per her school certificate, 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 medical corroboration of the incident. There is no criminal history of the applicant. The applicant is languishing in jail since 12.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Per contra, learned State Law Officer 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. 7. The said school certificate of the victim cannot be taken into consideration in view of the judgement of Supreme Court passed in P. Yuvaprakash vs State Rep. by Inspector of Police, AIR 2023 SC 3525, whereby it has observed that in the absence of records relating to the birth of the victim, no other documents except the Matriculation or equivalent certificate from the concerned examination board or certificate by a corporation, municipal authority or a Panchayat can be relied upon to ascertain the age of the victim. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and also the fact that the victim in her statement recorded u/s 164 Cr.P.C. seems to be a consenting party, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Danish, 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. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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:- 30.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad