Neutral Citation No. - 2025:AHC:72149 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13930 of 2025 Applicant :- Habibullah Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.,Satya Prakash Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Amit Kumar Singh, learned counsel for the applicant, Sri Satya Prakash Singh, learned counsel for the informant as well as Sri Shyam Dhar Maurya, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 35 of 2025, under Sections 65(1), 352 of BNS, and Section 5/6 of POCSO Act, Police Station Paikoliya, District Basti, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have established corporeal relationship with the victim on the false promise of marriage for about six months and had later on refused to comply with the said promise. 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 5 days and there is no explanation of the said delay caused. As per school certificate of Class-VIIIth, date of birth of the victim is 01.01.2009, as such her age has come out to be 16 years, 2 months and 5 days. As per ossification test report also, her age has come out to be 16 years and a leverage of two years may be granted to the applicant on the upper side. 6. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 27.03.2025 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. Learned counsel for the informant as well as learned A.G.A. have vehemently opposed the bail application. 8. With respect to the age of the victim, a leverage of two years can be granted to the applicant on the upper side in light of the judgement 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, whereby it has been 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. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and taking into consideration the delay in FIR 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. 10. Let the applicant- Habibullah, 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 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. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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 :- 6.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad