HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33697 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri V. K. Singh, learned counsel for the applicant, Sri Puneet Kumar 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. 354 of 2025, under Sections 137(2), 87, 64(2)(m) of the Bharatiya Nyaya Sanhita, 2023, and Section 5L/6 of POCSO Act, Police Station Gulariha, District Gorakhpur. 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 in the statement of victim recorded under Section 183 of BNSS before the Magistrate concerned, she has admitted her marriage with the applicant and further stated that she wants to live with the applicant. In the Pathological test, no spermatozoa and gonococci seen and UPT report is found negative as such medical report does not support the prosecution story. He submits that nothing incriminating material has been recovered from the possession of the applicant. There is no independent witness of the alleged incident. He submits that the victim was having love affair with the applicant and subsequently got marriage with her free will. He submits that it is a case of consensual relationship. The applicant is languishing in jail since 12.05.2025. 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 Versus Counsel for Applicant(s) : Vinay Kumar Singh Counsel for Opposite Party(s) : G.A. Ankit Yadav .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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, Ankit Yadav, 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 pks BAIL No. 33697 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad