HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33677 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Sanjay Kumar Yadav, learned counsel for the applicant, Shri Ajay Kumar Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Nehal, seeking enlargement on bail in Case Crime No. 146 of 2025, under Sections 64, 351 (3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Gambheerpur, District Azamgarh, 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 25.5.2025. Learned counsel for the applicant submits that FIR has been lodged with the delay of 02 days without any plausible explanation for delay in lodging the FIR. As per medical examination report, no external injury was found on the body of victim. Charge sheet in this case has already been filed. The prosecutrix is major and as per ossification test, her age was reported to be 18 to 20 years. Learned counsel for the applicant submits that consensual relationship cannot be ruled out. 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. Versus Counsel for Applicant(s) : Kiran Yadav, Sanjay Kumar Yadav Counsel for Opposite Party(s) : G.A. Nehal .....Applicant(s) State of U.P. .....Opposite Party(s) 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, Nehal, 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 Ravi Prakash BAIL No. 33677 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad