Neutral Citation No. - 2025:AHC:85783 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15305 of 2025 Applicant :- Sandeep Patel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akshat Jain Counsel for Opposite Party :- G.A.,Raj Kumar Kesari Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Akshat Jain, learned counsel for the applicant and Sri Raj Kumar Kesari, learned counsel for the informant as well as Sri Amit Kumar, learned State Law Officer and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.69 of 2025, under Sections 65(1), 351(2), 64(2)(m) B.N.S. and 5(L)/6 POCSO Act, Police Station- Baragaon, District- Varanasi, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have committed rape with the victim several times and for the last time he is stated to have committed the said offence on 4.1.2025, and subsequently, he had left the house as he was working as mason in the house of the victim. 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. The FIR is delayed by about one and half months and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the victim by her looks seems to be major, although as per the school certificate of Class-9th her date of birth is stated to be 9.10.2009, as such, she comes out to be a bit more than 15 years old. The said document cannot be taken into consideration being hit by Section 94 of Juvenile Justice (Care and Protection of Children) Act. 7. It is further argued by learned counsel for the applicant that there is no medical corroboration of the incident as the victim has not sustained any injury whatsoever. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 19.2.2025 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. Learned State Law Officer and learned counsel for the informant have vehemently opposed the bail application on the ground that the victim was minor, as such, her consent, if any, has no significance in the eyes of law. 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, the evidence on record, taking into consideration the inordinate delay in institution of FIR and there being no medical corroboration of the incident, 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. 11. Let the applicant- Sandeep Patel, 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 pressurize/intimidate 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 :- 21.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad