Neutral Citation No. - 2025:AHC:70857 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3459 of 2025 Applicant :- Mukesh Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Alok Kumar Srivastava,Ram Chandra,Yogesh Kumar Counsel for Opposite Party :- Archana Yadav,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Alok Kumar Srivastava, learned counsel for the applicant, Ms.Archana Yadav, learned counsel for first informant, Sri Rajesh Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Mukesh Kumar, seeking enlargement on bail in Case Crime No. 149 of 2024, under Sections 363, 366, 368, 354 IPC and Section 7, 8 POCSO Act, Police Station Mursan, District Hathras. 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 21.06.2024. He has criminal antecedent of 10 cases, which has been explained in para 22 of the affidavit filed in support of the bail application 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 the incident took place on 20.06.2024 and its FIR was lodged on 21.06.2024 without given any explanation for delay in lodging the FIR. During course of investigation, the victim was recovered near the bus stand on 21.06.2024. The victim was sent for medical examination at District Women Hospital, Hathras on 22.06.2024 where she refused for medical examination. It is further submitted that there are various contradictions in the statements of the victim said to have been recorded under Section 161 & 164 Cr.P.C. Perusal of the entire prosecution case, it appears that the victim is consenting party. The applicant has no concern with the alleged incident. Nothing incriminating was found, showing the commission of offence by the applicant. Hence, bail has been prayed for. 5. Learned AGA has 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, Mukesh Kumar, 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. 8. 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 :- 1.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad