Neutral Citation No. - 2025:AHC:31456 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43885 of 2024 Applicant :- Raju Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Amarnath Tripathi,Kamla Prasad,R.L. Varma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Raju Kumar and Surendra Prasad, seeking enlargement on bail in Case Crime No. 398 of 2024, under Sections 313, 504, 506 of the Indian Penal Code, Police Station Chaubepur, District Varanasi. 3. Learned counsel for the applicants argued that the accused- applicants are innocent; they have been falsely implicated in this very case crime number and are languishing in jail since 17.07.2024 having no criminal history; victim has consensual relationship with the son of applicant; as per statements u/s 161 & 164 no specific allegations has been made against the applicant; applicant is father of Mahesh (juvenile); there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail; as per F.I.R. version, victim is 18 years & 10 days old and she is enough mature for her right or wrong. Hence, bail has been prayed for. 4. Learned AGA has vehemently opposed, but could not dispute the fact that applicants have no criminal antecedents. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicants, Raju Kumar and Surenda Prasad, involved in above mentioned case crime number be released on bail, on their 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: i. The applicants will not tamper with the evidence. ii. The applicants will not indulge in any criminal activity. iii. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. 8. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 5.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad