HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33175 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Arvind Prabodh Dubey, learned counsel for the applicant, Shri Ajay Singh, learned AGA for the State, Shri Naushad Alam, 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, Hairi Goswami Alias Hariom Goswami, seeking enlargement on bail in Case Crime No. 0267 of 2025, under Sections 137 (2), 87, 64 (2) (m), of the Bharatiya Nyaya Sanhita, 2023, Section 5J(2)/6 of POCSO Act, Police Station Kotwali Khalilabad, District Sant Kabeer Nagar, 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 16.8.2025. Learned counsel for the applicant submits that FIR has been lodged with the allegation that applicant has enticed away her minor daughter. Learned counsel for the applicant submits that victim is major. She has been held to be of 17 years as per avernments of FIR version, which may be with variation of two years either way. She in her statement recorded under Sections 180 and 183 BNSS, has denied the allegations levelled in the FIR. She said that she solemnized marriage with the applicant and she was living with the applicant as husband and wife and she is gravid of three months. Victim has also expressed her willingness to live with the applicant. Learned counsel for the applicant further submits that Versus Counsel for Applicant(s) : Arvind Prabodh Dubey, Ashok Kumar Giri Counsel for Opposite Party(s) : G.A., Naushad Alam Hairi Goswami Alias Hariom Goswami .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) mother of the victim has sworn an affidavit before the Court below to the effect that victim is 19 years of age and she has no objection that victim has solemnized marriage with the applicant. 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. 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, Hairi Goswami Alias Hariom Goswami, 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 25, 2025 Ravi Prakash BAIL No. 33175 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad