Neutral Citation No. - 2025:AHC:66504 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2403 of 2025 Applicant :- Ashish Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Aman Patel,Krishna Shankar,Neeraj Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Pursuant to the order dated 21.04.2025, Ms. Manvi Gautam, is present before this Court and has made a statement that she has entered into marriage with the applicant. She is duly identified by her counsel, Sri Neeraj Singh Yadav. Heard Sri Neeraj Singh Yadav, learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 1153 of 2021, under Sections 363 of I.P.C. and Section 11/12 of the POCSO Act, Police Station Dibiyapur, District Auraiya. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the allegation against the applicant is that he enticed away the minor daughter of the informant. He submits that the age of daughter of the informant is 16 years and there was love-affair between the applicant and the daughter of the informant and they solemnized their marriage on 05.10.2024. After the marriage, they are living together as husband and wife and they have also a daughter. The daughter of the informant has stated on affidavit that her date of birth is 28.07.2006, and her mother had given divorced to her father. Thereafter her father solemnized second marriage. After the second marriage, she left the house of her father and solemnized her marriage with the applicant. The applicant is languishing in jail since 13.12.2024. 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, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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, Ashish Kumar, 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 :- 29.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad