Neutral Citation No. - 2025:AHC:61478 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13448 of 2025 Applicant :- Amit Kumar @ Amit Raghav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.,Lal Prabhakar Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Manoj Kumar, learned counsel for the applicant and Sri Lal Prabhakar Singh, learned counsel for the informant as well as Sri R.P. Patel, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 51 of 2025, under Sections 333, 65(1) of BNS and Sections 3/4(2) of POCSO Act, Police Station - Rajpura, District - Sambhal, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim on 27.02.2025 at about 10:00 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 one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim is stated to be 21 years old as per her birth certificate whereby her date of birth is 21.04.2004. There is no medical corroboration of the incident rather the presumption goes otherwise as she has refused to get herself medically examined. There is no criminal history of the applicant. The applicant is languishing in jail since 04.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim was minor aged about 15 years old and as per her birth certificate, her date of birth is 21.04.2009 and not the year 2004, as such, the applicant is not entitled for bail. However, they could not dispute the fact that the applicant has no criminal history. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, statements of the victim, 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 also taking into consideration the delay in lodging the FIR and there being no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 9. Let the applicant- Amit Kumar @ Amit Raghav, 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:- 23.4.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad