Neutral Citation No. - 2025:AHC:67342 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14181 of 2025 Applicant :- Akhilesh Chauhan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Narendra Deo Shukla,Vivek Shukla Counsel for Opposite Party :- Chandra Shekhar Kushwaha,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amit Kumar Mishra, Advocate holding brief of Sri Narendra Deo Shukla, learned counsel for the applicant, Sri Chandra Shekhar Kushwaha, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.228 of 2024, under Sections 137(2), 87, 127(2), 70(2) B.N.S. and Section 5g/6 POCSO Act, Police Station Koraon, District Prayagraj, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have enticed away the minor daughter of the informant, aged about 14 years, on 05.08.2024. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about 14 days and there is no explanation of the said delay caused. There are ample contradiction in the statement of the victim recorded under Sections 180 and 183 B.N.S.S. In the statement recorded under Section 183 B.N.S.S., she has allayed the allegations of gang-rape against the applicant and three other persons. There is no medical corroboration of the incident. 6. Learned counsel for the applicant has further argued that the victim has refused her internal and external medical examination. She is about 16-17 years old as per ossification test report and a leverage of two years may also be granted to the applicant on the other side in light of the judgment of Supreme Court passed 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. There is no criminal history of the applicant. The applicant is languishing in jail since 18.08.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the date of birth of the victim as per class-VIth transfer certificate is 20.03.2010, as such, she was barely 14 and half years old and her consent, if any, cannot be taken in to consideration and in the instant case of gang-rape, the said consent cannot be drawn, as such, the applicant is not entitled for bail. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the facts that the FIR is delayed by about 13 days and there is no medical corroboration of the incident coupled with the fact that the allegations of gang-rape have been made after delay, 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. 9. Let the applicant- Akhilesh Chauhan, 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. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 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 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad