HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33107 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Shri Shivam Verma, learned counsel has filed vakalatnama on behalf of first informant, which is taken on record. Heard Shri Pawan Giri, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State, Shri Shivam Verma, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Vinod Banvasi, seeking enlargement on bail in Case Crime No. 289 of 2025, under Sections 137 (2), 87, 64 (1) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 POCSO Act, Police Station Cholapur, District Varanasi, during the pendency of the trial before the Court below. 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 8.7.2025. Learned counsel for the applicant submits that prosecutrix is major. There is differentiation in the statement of prosecutrix recorded under Section 180 and 183 of BNSS. In the statement under Section 180 BNSS prosecutrix has not levelled any allegation against the applicant. Rather said that she has solemnized marriage with the applicant and applicant has not established any physical relation with her. In the statement under Section 183 of BNSS, prosecutrix said that applicant had committed wrong with her. Further said that she solemnized marriage with the applicant in Sindora and both are living as husband and wife. Prosecutrix Versus Counsel for Applicant(s) : Pawan Giri Counsel for Opposite Party(s) : G.A., Shivam Verma Vinod Banvasi .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) has denied for her medical examination. He 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 has vehemently opposed the prayer for bail. Learned counsel for the first informant opposed the prayer for bail, but could not dispute the aforesaid fact submitted by the learned counsel for the applicant. Considering all above 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 without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Vinod Banvasi, 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. September 24, 2025 Ravi Prakash BAIL No. 33107 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad