Neutral Citation No. - 2025:AHC:13955 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43604 of 2024 Applicant :- Saurabh Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Shukla,Shailendra Kumar Awasthi,Sudha Awasthi Counsel for Opposite Party :- G.A.,Mukesh Kumar Pandey Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Mukesh Kumar Pandey, Sri S.K. Rai, learned AGA-I 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, Saurabh, seeking enlargement on bail in Case Crime No. 146 of 2024, under Sections 363 and 366 of the Indian Penal Code, Police Station- Achhalda, District-Auraiya. 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 28.09.2024. 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. Learned counsel for the applicant submits that the applicant is not named in the FIR. Applicant's name disclosed in the statement of the victim recorded under Section 161 Cr.P.C., but no allegation of sexual assault/harm has been levelled against the applicant. Nothing incriminating has been recovered from the possession of the applicant. Hence, bail has been prayed for. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail. 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, Saurabh, 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 :- 27.1.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad