Neutral Citation No. - 2025:AHC:73709 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13969 of 2025 Applicant :- Vikas Saini Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hare Krishan Pandey,Suresh Chandra Pandey 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 24.04.2025 but none is present on behalf of the informant. 2. Heard Sri Saurabh Pandey, holding brief of Sri Suresh Chandra Pandey, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 06 of 2025 , under Sections 137(2), 65(1) of BNS and Sections 3/4(2) of POCSO Act, Police Station Kithaur, District Meerut, during the pendency of trial. 4. As per prosecution story, the applicant and co-accused persons are stated to have committed gang rape with the victim on 04.12.2025 and forcibly taken her to a sugarcane field. 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 32 days and there is no explanation of the said delay caused. Although, date of offence in the face of FIR has been wrongly mentioned as 04.01.2025. The said fact stands corrected in the supplementary statement of the transcriber of the FIR, Constable Baljit Singh. 6. Learned counsel has also stated that the victim seems to be a consenting party as she herself had gone with the applicant on his motorcycle as stated by her in the statement recorded under section 183 BNSS. The allegations are per se false. There is no medical corroboration of the incident. As per school certificate of Class- VIIth, the victim is marginally less than 15 years. The said document has no evidentiary value in the light of Section 94 of Juvenile Justice (care and protection of children) Act. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 05.01.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. 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. 9. In the case of P. Yuvaprakash vs State Rep. by Inspector of Police, AIR 2023 SC 3525, the Supreme Court 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. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the delay in FIR coupled by the fact that there is no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Vikas Saini , 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 the 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. 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 :- 7.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad