HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15417 of 2026 Court No. - 65 (Sr. No.64 out of 269) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. Learned A.G.A. has informed that the notice to the informant has been served on 04.05.2026, but none is present on behalf of the informant. 2. Heard Sri Sandeep Tripathi, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.66 of 2026, under Sections 333, 65(1), 351(3) BNS, 2023 and 5L/6 POCSO Act, Police Station Gangoh, District Saharanpur, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about 4 days, and there is no explanation for the said delay. The victim is a consenting party, though it is alleged that the applicant barged into her house and raped her. By her physical appearance, she seems to be major, although she is 17 years old as per ossification test report. In view of the inherent margin of error in such tests, it is urged that a leverage of two years on the upper side may be granted to the applicant while determining the age of the victim. The applicant has no criminal history and is in jail since 31.01.2026. He undertakes to cooperate with the trial and not misuse the liberty of bail. Versus Counsel for Applicant(s) : Sandeep Tripathi Counsel for Opposite Party(s) : G.A. Azam .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 5. Learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions made by the counsel for the applicant. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in the institution of the FIR and the statement of the victim recorded under Section 183 BNSS, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant- Azam, be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to verification of sureties, with the conditions that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 8. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. May 14, 2026 (Ravi Kant) BAIL No. 15417 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad