Neutral Citation No. - 2025:AHC:87776 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17873 of 2025 Applicant :- Kishan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vinay Kumar 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 12.5.2025. 3. Heard Sri Ram Kumar Pal, Advocate holding brief of Sri Vinay Kumar, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record. 4. Applicant seeks bail in Case Crime No.26 of 2025, under Sections 74, 351(2), 65 B.N.S. and 3/4 POCSO Act, Police Station- Pachokhara, District- Firozabad, 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. The FIR is delayed by about twelve hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that initially the FIR was instituted regarding outraging the modesty only and the same was reiterated in the statement of the victim recorded U/s 180 B.N.S.S. but the allegations have been escalated to that of rape in her statement recorded U/s 183 B.N.S.S. that too after legal consultation. There is no medical corroboration of the incident. 7. It is further argued by learned counsel for the applicant that the victim by her looks seems to be major, although she is stated to be 16 years old as per the ossification test report, as such, a leverage of two years may be granted to the applicant on the upper side. The criminal history of one case assigned to the applicant has been explained. The applicant is languishing in jail since 20.2.2025 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 A.G.A. has vehemently opposed the bail application. 9. The Supreme Court 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 has 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, the evidence on record, taking into consideration that the allegations of rape have been raised subsequently and there is 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- Kishan, 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 :- 23.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad