Neutral Citation No. - 2025:AHC:142533 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28530 of 2025 Applicant :- Sheesh Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Atul Tej Kulshrestha,M J Akhtar,Vinay Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. As informed by learned A.G.A., notice to the informant has been served on 29.07.2025 but none is present on behalf of the informant even in the revised call. 2. Heard Sri V.M. Zaidi, learned Senior Counsel assisted by Sri Shehzad Alam, learned counsel for the applicant and Sri Amit Kumar, learned State Law Officer and perused the record. 3. Applicant seeks bail in Case Crime No. 150 of 2025, under Sections 137(2), 351(3), 64(2) of BNS and Section 3/4 of POCSO Act, Police Station Chhapar, District Muzaffar Nagar, during the pendency of trial. 4. Learned Senior 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. 5. Learned Senior counsel has next stated that the victim is a consenting party as is but evident from her statement recorded under section 183 BNSS whereby she has stated that she has traveled with the applicant to several places from Purkaji to Rishikesh and Dehradun etc. and stayed with him in a hotel and has not raised any alarm whatsoever. 6. Learned Senior counsel has further stated that the victim by her physical appearance seems to be major although as per High School Certificate, date of birth of the victim is stated to be 16.11.2008 as such her age has come up to be 16 years, 7 months and 23 days at the time of offence. There is no medical corroboration of the said incident. The applicant himself is a youth aged about 21 years, as such the applicant is entitled for bail. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 11.06.2025 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 the case of Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673, has opined that it is more often in the Indian Society that person shows the age of their wards much below than their actual age. 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. 10. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and taking into consideration the fact that the victim is a consenting party coupled by the fact that there is no medical corroboration of the said incident, 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- Sheesh Khan, 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 :- 20.8.2025/Sumit S (Justice Krishan Pahal) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad