Neutral Citation No. - 2025:AHC:68679 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14547 of 2025 Applicant :- Farman Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ankit Agarval Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Ankit Agarval, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Learned A.G.A. has informed that the notice to the informant has been served on 28.04.2025. 4. Applicant seeks bail in Case Crime No.650 of 2024, under Sections 363, 376 I.P.C. and 3(K)/4(1) POCSO Act, Police Station Kotwali Dehat, District Bulandshahr, during the pendency of trial. 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 six months and there is no explanation of the said delay caused. The victim as per FIR is major aged about 21 years and the FIR was instituted against unknown person. She is a consenting party as is but evident from her statement recorded under Sections 180 and 183 B.N.S.S. 6. Learned counsel for the applicant has further argued that as per high-school certificate, the victim is marginally less than age of majority and the said age has been suppressed. The victim herself is the deponent in the instant bail application. There is no criminal history of the applicant. The applicant is languishing in jail since 17.03.2025 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 A.G.A. has vehemently opposed the bail application. 8. The Supreme Court in Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673 has stated that it is more often in the Indian Society that person shows the age of their wards much below than their actual age. It is also settled by Supreme Court that as per the medical records, a leverage of two years may be granted to the accused person. In the case of Brij Mohan Singh vs. Priya Brat Narain Sinha, AIR 1965 SC 282, this Court, inter alia, observed that in actual life it often happens that persons give false age of the boy at the time of his admission to a school so that later in life he would have an advantage when seeking public service for which a minimum age for eligibility is often prescribed. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay of six months in institution of FIR and the fact that the victim seems to be a consenting party as per her statement recorded under Sections 180 and 183 B.N.S.S., 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- Farman, 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. 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 :- 1.5.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad