Neutral Citation No. - 2025:AHC:86883 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16206 of 2025 Applicant :- Jahid Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anand Vibhor Singh,Karunesh Pratap Singh Counsel for Opposite Party :- G.A.,Hari Bans Singh Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Anand Vibhor Singh, learned counsel for the applicant and Sri Hari Bans Singh, learned counsel for the informant as well as Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 262 of 2024, under Sections 137(2), 87, 64(1) of BNS and Sections 5L/6 of POCSO Act, Police Station Bhoganipur, District Ramabai Nagar (Kanpur Dehat), during the pendency of trial. 4. As per prosecution story, the FIR was instituted by the informant stating that the applicant had enticed her daughter away on 04.09.2024 at about 3 a.m. 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 as alleged in the FIR. The FIR is delayed by about more than one day and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the victim seems to be a consenting party which can be inferred from the time of her elopement which is 3 am. The consent is but evident from certain photographs, although they are not indecent but they are embracing each other. The victim by her looks seems to be major although as per ossification test report, her age has come out to be 17 years, as such, a leverage of two years may be granted to the applicant on upper side in light of law laid down by Supreme Court. The applicant himself is a youth aged about 26 years. There is no medical corroboration of the incident. Even certain allegations made in the FIR against the applicant having inflicted injuries to the victim by assaulting her with blade stands falsified from the medical report, as such the applicant is entitled for bail. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 20.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application on the ground that the applicant has committed the said offence and he, with the help of his aunt (bua), has enticed her away by waking her up in the early morning of the day. 9. 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. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and taking into consideration the age of the victim coupled by the fact that there is no medical corroboration of the incident, I find it a fit case to release the applicant on bail. The bail application is allowed. 11. Let the applicant- Jahid, 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 the evidence during trial. ii) The applicant shall not pressurise/intimidate with 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 :- 22.5.2025 Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad