HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29733 of 2026 Court No. - 68 (Sr. No.51 out of 80 T.C.) HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Ms. Swati Agrawal Srivastava, learned counsel for the applicant, Sri Salil Krishna, learned counsel for the informant as well as Sri Abhishek Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.61 of 2026, under Sections 65(1), 351(3) BNS and Section 3/4(2) POCSO Act and 3(2)(v) SC/ST Act, Police Station Rewtipur, District Ghazipur, 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 fifteen hours and there is no explanation of the said delay caused. The victim by her looks seems to be major, although she is stated to be 14-16 years old as per the 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. 5. Learned counsel for the applicant has further argued that the applicant himself is a youth of 19 years old. There is no medical corroboration of the alleged incident. The applicant has no criminal history and is in jail since 25.5.2026. He undertakes to cooperate with the trial and not misuse the Versus Counsel for Applicant(s) : Nitin Singh, Swati Agrawal Srivastava Counsel for Opposite Party(s) : G.A., Mahendra Kumar Yadav, Salil Krishna Sanoj Chaudhary .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) liberty of bail. 6. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application but the submissions raised by the learned counsel for the applicant could not be disputed. 7. 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 institution of FIR coupled with the fact that there is no medical corroboration of the alleged incident, 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. 8. Let the applicant- Sanoj Chaudhary, be released on bail in the aforementioned case crime 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. 9. Breach of any condition shall entail cancellation of bail. The observations herein shall not affect the trial on merits. September 11, 2026 Vikas Verma BAIL No. 29733 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad