Neutral Citation No. - 2025:AHC:6105 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37838 of 2024 Applicant :- Premchand Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kamalendra Kumar Maurya Counsel for Opposite Party :- Ashutosh Pandey,G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and learned counsel appearing on behalf of the first informant / complainant. By means of this application under Section 483 of B.N.S.S., applicant Premchand Kushwaha, who is involved in Case Crime No. 490 of 2024, under Section 61 read with Section 64 of B.N.S., Section 3/4, 16/17 of POCSO Act and Section 3(2)5 of SC/ST Act, police station Sadar Bazar, district Agra seeks enlargement on bail during the pendency of trial. It is argued by learned counsel for the applicant that the applicant is neither named in the first information report nor the victim in her statements under Section 180 and 183 BNSS has made any allegation against the present applicant Premchand Kushwaha but he has been falsely implicated in this case because the misdeed with the victim has been committed by co-accused Bheema, who is driver of the applicant. The applicant has criminal history of two cases being Case Crime No. 137 of 2015, under Sections 147, 341, 353 IPC, police station Nai Ki Mandi, district Agra and Case Crime No. 186 of 2018, under Sections 279, 304A IPC, police station Tajganj, district Agra, which have been explained in para 21 of the afÏdavit. Lastly, it is submitted by learned counsel for the applicant that there is no chance of the applicant fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 27.08.2024 and in case, the applicant is released on bail, he will not misuse the liberty of bail and cooperate with the trial. Per contra, learned A.G.A. for the State as well as learned counsel for the informant opposed the prayer for bail of the applicant by contending that the applicant was sleeping at the place of incident but no effort was made by him to save the victim, therefore, his collusion in the said act cannot be ruled out. Having heard learned counsel for the parties and examined the matter in its entirety, I find that main allegation of committing misdeed has been levelled against co-accused Bheema. It is also not in dispute that the victim has not made any allegation of molestation or rape against the applicant, therefore, the applicant has made out a prima facie case for bail. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant Premchand Kushwaha be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police ofÏcer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. It is made clear that benefit/parity of this order shall not be extended to co-accused Bheema. Order Date :- 15.1.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad