Neutral Citation No. - 2025:AHC:36765 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44222 of 2024 Applicant :- Ashirwad Mishra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhand Pratap Singh,Saurabh Pandey Counsel for Opposite Party :- G.A.,Rohit Yadav,Sunil Kumar Singh Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Akhand Pratap Singh, learned counsel for the applicant, Shri Rajesh 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, Ashirwad Mishra, seeking enlargement on bail in Case Crime No. 396 of 2024, under Sections 137(2), 87, 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3/4 of the Protection of Children from Sexual Offences Act, Police Station Sarailakhansi, District Mau. 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 10.10.2024. Learned counsel for the applicant submits that as per the statement of victim under Section 180 BNSS, victim was acquainted with applicant since about a year and there was a love affair between the applicant and the victim. It is further submitted that victim was medically examined and the medical report does not corroborate with the version of the prosecution. It is next contended that victim travelled through multiple States and had ample opportunity to raise alarm but she remained quite and did not raise any alarm suggesting that she was consenting. It is next submitted that both the victim and the applicant are of tender age and the applicant has no criminal history to his credit 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. 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, Ashirwad Mishra, 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 :- 12.3.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad