Neutral Citation No. - 2025:AHC:20428 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44821 of 2024 Applicant :- Shabej And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Imran Mabood Khan Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit is taken on record. Heard Shri Imran Mabood Khan, learned counsel for the applicants, Ms. Anita Singh, learned Brief Holder 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- applicants, Shabej and Shoeb , seeking enlargement on bail in Case Crime No. 179 of 2024, under Sections 363, 366, 452, 323, 342 of the IPC and Section 16/17 of POCSO Act, Police Station Shahi, District Bareilly. 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 23.9.2024. Learned counsel for the applicants submits that there is allegation of committing rape against the accused Nadim in the statement under Section 164 Cr.P.C. of victim. There is no allegation regarding sexual assault against the applicants. In the medical report, the age of victim reported to be 16 years of age. Applicant No. 1 is of no criminal antecedent. However, applicant No. 2 Shoeb has one case of criminal antecedent that in that case applicant No. 2 is on bail 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-applicants, Shabej and Shoeb , 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: 1. The applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 :- 13.2.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad