Neutral Citation No. - 2025:AHC:82575 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3236 of 2025 Applicant :- Rahul Rajbhar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akhilesh Singh,Yogendra Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed today, which is taken on record. 2. Heard Sri Akhilesh Singh, learned counsel for the applicant, Sri Vijendra Singh, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Rahul Rajbhar, seeking enlargement on bail in Case Crime No. 514 of 2024, under Sections 115 (2), 137 (2), 351 (2) BNS and Section 3/4 POCSO Act as well as Section 66E I.T. Act, Police Station Salempur Kotwali, District Deoria. 4. The allegation made in the FIR is that the applicant has committed unnatural offence with the son of the informant and also made the video and threatened him that if he disclosed about the incident, he will kill him and thereafter, the same was viraled by the applicant. 5. 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 17.12.2024. 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. Learned counsel for the applicant submits that the alleged incident took place on 22.11.2024 and its FIR was lodged on 15.12.2024 without giving any explanation for delay in lodging the FIR. The applicant has not committed the alleged offence. The victim was medically examined in District Hospital Deoria where he did not received any injury. In fact a litigation is going on between the applicant and the family members of the informant and due to which the applicant has been falsely implicated in the present case. The applicant has never made any video and the same has not been viraled from the mobile phone. The medical evidence dose not support the prosecution version and the alleged entire prosecution story is false, fabricated and baseless and concocted. Hence, bail has been prayed for. 6. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Rahul Rajbhar, 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. 10. 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 :- 15.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad