Neutral Citation No. - 2025:AHC:61087 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3540 of 2025 Applicant :- Shyam Prajapati Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Balbeer Singh,Rajesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri S.K. Rai, 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, Shyam Prajapati, seeking enlargement on bail in Case Crime No. 586 of 2024, under Sections 74, 76, 351 (2) BNS and Section 7/8 POCSO Act, Police Station Prem Nagar, District Jhansi. 3. The allegation made in the FIR is that on 29.11.2024, when the daughter of informant aged about 14 years alone in the house, the applicant came and outrage her modesty and committed obscene act with her. 4. 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 08.01.2025. 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 allegation made in the first information report is false and concocted and the first informant has implicated the applicant with a sole motive to harass him. It is further submitted that there are various contradictions in the statements of the victim said to have been recorded under Sections 180 and 183 BNS and the version of the first information report. It is submitted that the investigating officer has produced the victim before the District Women Hospital, Jhansi, for medical examination on 30.11.2024, the victim has refused her external and internal examination. It is next submitted that after completing investigation, the invesstigating officer has submitted charge sheet on 15.01.2025. Hence, bail has been prayed for. 5. Learned AGA 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, Shyam Prajapati, 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 :- 21.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad