HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 12264 of 2026 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party, and Sri Krishna Kumar Yadav, Advocate holding brief of Sri Birendra Singh, learned counsel for the informant. 2. The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 34 of 2026, under Sections 74, 115(2), 331(6), 351(3), 352 B.N.S., 3(2)(5) SC/ST Act (P.A.) Act and 7/8 The Protection of Children from Sexual Offences Act, Police Station Atarra, District Banda during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 23.01.2026, whereas the first information report was lodged on 24.01.2026. The delay in lodging the first information report is fatal to the prosecution case. It is contended that the victim is major. The ossification test report submitted by Chief Medical Officer, Banda to determine the age of the victim opines that she is 17 years. The range of error in determining the age is about two years and the same should be read in favour of the applicant at this stage. Further, the victim in her statement under Section 180 B.N.S.S., in response to a specific query put by the Investigating Officer, stated that the applicant had not acted indecently with her. The medical report also does not support the prosecution case. Also, it has been submitted, the allegations of violation of SC/ST Act are general and made to lend colour to the story. At this stage there is no corroborative evidence to Versus Counsel for Applicant(s) : Amit Kumar Singh Counsel for Opposite Party(s) : Birendra Singh, G.A., Swati Singh Shamim Khan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) link the applicant with the offence. The applicant is in jail since 25.01.2026 having no criminal history and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the first information report has been lodged belatedly. As per the ossification test report submitted by Chief Medical Officer, Banda, the victim was found aged 17 years. The victim in her statement under Section 180 B.N.S.S., in response to a specific query put by the Investigating Officer, stated that the applicant had not acted indecently with her. The medical report also does not support the prosecution case. At this stage there is no corroborative evidence to link the applicant with the offence. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for more than two and half months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Shamim Khan, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. April 20, 2026 SKT/- BAIL No. 12264 of 2026 2 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad