Neutral Citation No. - 2025:AHC:20674 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45906 of 2024 Applicant :- Gaus Mohammad Alias Faraz Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mujiburrahman,Mushir Khan Counsel for Opposite Party :- Dhiraj Kumar Pandey,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Shri Dhiraj Kumar Pandey, learned counsel for the informant, Shri Puneet Kumar Singh, learned AGA for the State-opposite party and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Gaus Mohammad @ Faraz Khan, seeking enlargement on bail in Case Crime No. 233 of 2024, under Sections 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and u/s 3/4 POCSO Act, Police Station Kamalganj, District Farrukhabad. 3. 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 1.11.2024. 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. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. There is huge contradiction in the statements of the victim recorded u/s 183 and 180 B.N.S.S. As per medical report of the victim there is no clinical sign of any suggestive sexual and physical violence or any injury on her body, however final opinion is pending on availability of F.S.L. report. As per age verification test, age of the victim is about 17 years and she is enough mature for considering her right or wrong. Hence, bail has been prayed for. 5. Learned counsel for the informant as well as learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Gaus Mohammad alias Faraz Khan, 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 9. 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 :- 13.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad