HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33663 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Case called out. None has put in appearance on behalf of the first informant despite service of notice Heard Shri Raj Karan Yadav, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Shiva @ Shivbabu Nishad, seeking enlargement on bail in Case Crime No. 560 of 2025, under Sections- 137 (2), 65 (1) B.N.S. and 3/4 of POCSO Act, Police Station-Kotwali Nagar, District-Banda. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 07.07.2025. First Information Report has been lodged on 25.06.2025, by the first informant namely Mithun, against the applicant namely Shiva @ Shivbabu Nishad, Lavkush and one Pawan, with the allegation that all the accused persons has enticed away the minor daughter of the first informant on 14.06.2025 and there is an apprehension of rape or selling her daughter for prostitution. Learned counsel for the applicant submits that the victim in her statement under Section 180 and 183 BNSS has specifically stated that she herself has gone with the applicant. She has further stated that she got married with the applicant. The victim herself has denied from her internal medical examination. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail, Hence, bail has been prayed for. Learned AGA as well as learned counsel for the first informant have vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but Versus Counsel for Applicant(s) : Raj Karan Yadav Counsel for Opposite Party(s) : G.A. Shiva Alias Shivbabu Nishad .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Accordingly, the bail application is allowed. Let the accused-applicant, Shiva @ Shivbabu Nishad, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. October 6, 2025 Deepak/ BAIL No. 33663 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad