Neutral Citation No. - 2025:AHC:71861 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2780 of 2025 Applicant :- Lokesh Kumar Sharma @ Fauzi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Sudhakar Shukla, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Lokesh Kumar Sharma @ Fauzi, seeking enlargement on bail in Case Crime No. 489 of 2024, under Sections 75, 87, 137 (2), 127 BNS and 7/8 POCSO Act, Police Station Trans Yamuna, District Agra. 3. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 06.12.2024. 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 the applicant is not named in the FIR. His name has come into the light during course of investigation. The incident is said to have taken place on 03.12.2024 at about 10:00 p.m. and its FIR was lodged on 05.12.2024 without given any explanation for delay in lodging the FIR. The victim/injured has been medically examined and as per the medical report, the injured has received three injury on her body and the victim was produced before the District Hospital Agra for her medical examination, but she refused for her medical examination. It is next submitted that applicant has not committed alleged offence and the allegation made in the FIR against the applicant is totally false and the case has been lodged intentionally and only for harassment purposes. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Lokesh Kumar Sharma @ Fauzi, 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. 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 :- 2.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad