Neutral Citation No. - 2025:AHC:93279 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16498 of 2025 Applicant :- Gaurav Nigam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jawad Tariq Counsel for Opposite Party :- G.A.,Pramod Kumar Yadav 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 Jawad Tariq, learned counsel for the applicant, Sri Ajendra Kumar, Advocate holding brief of Sri Pramod Kumar Yadav, learned counsel for the informant, Sri Anit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.70 of 2025, under Sections 65(1), 316(2), 351(2) B.N.S. and 3/4(2) POCSO Act, 2012, Police Station Tundla, District Firozabad, during the pendency of trial. 5. As per prosecution story, the applicant is stated to have forced the victim to steal ornaments and cash from the almirah of the informant and had touched the victim inappropriately when she demanded the said ornaments and money back. 6. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR does not indicate the date and time of offence. It is instituted regarding outraging the modesty only, but subsequently the allegations have been escalated to that of rape by the victim in her statement recorded under Sections 180 and 183 B.N.S.S. after legal consultation. It is a clear-cut case of false implication. 7. Learned counsel for the applicant has further argued that the consent of the victim can be drawn from the fact that she had taken ornaments and cash from her house and had given them to the applicant. There is no evidence of the said transfer of money or ornaments to the applicant. 8. Learned counsel for the applicant has also argued that the victim is 16 years old as per ossification test report and a leverage of two years may be granted to the applicant on the upper side. 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. 9. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 10. The Supreme Court 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 has 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. 11. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that there is no date and time of offence mentioned in the FIR and the victim seems to be a consenting party, 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. 12. Let the applicant- Gaurav Nigam, 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. 13. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 14. 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 :- 30.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad