Neutral Citation No. - 2025:AHC:7063 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36012 of 2024 Applicant :- Sonu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dharmendra Kumar Rajput Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Dharmendra Kumar Rajput, learned counsel for the applicant and Shri S.K.Rai, learned AGA for the State-respondents and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Sonu, seeking enlargement on bail in Case Crime No. 140 of 2024, under Sections 377 and 323 IPC and Section 5M/6 POCSO Act, Police Station Ahamadgarh, District- Bulandshahar. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since 18.07.2024. First Information Report has been lodged on 04.09.2024 with the allegation that the applicant has committed unnatural sex with the son of the informant. The real fact is that there is a old rivalry between the first informant and the applicant and due to which the present First Information Report has been lodged. Charge sheet has been filed against the applicant. First informant has become hostile in her statement. The copy of the statement has been filed with the rejoinder affidavit, as R.A. 1. 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 has vehemently opposed, but could not dispute the aforesaid facts. 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 without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Sonu, 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. Order Date :- 16.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad