Neutral Citation No. - 2025:AHC:79970 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16483 of 2025 Applicant :- Kabirdas Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahendra Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 1.5.2025. 3. Heard Sri Mahendra Singh, learned counsel for the applicant, 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.264 of 2024, under Sections 137(2), 87, 64(1) B.N.S. & 3/4 POCSO Act, Police Station- Baniyathar, District- Sambhal, 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. He has nothing to do with the said offence. There is no time of offence mentioned in the FIR, as such, it is vague. 6. Learned counsel for the applicant has further stated that the victim is a consenting party as far as her statement recorded U/s 183 B.N.S.S. is concerned. The victim by her looks seems to be major, although she is stated to be marginally above the age of 16 years as per the school certificate of Class-5th. The said document has no evidentiary value being barred by Section 94 of Juvenile Justice (Care and Protection of Children) Act. 7. It is further stated by learned counsel for the applicant that there is no medical corroboration of the incident. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 14.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 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 statement of the victim recorded U/s 183 B.N.S.S. 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- Kabirdas, 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 :- 15.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad