Neutral Citation No. - 2025:AHC:61232 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3509 of 2025 Applicant :- Krishna Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Javed Husain Khan,Lakshya Jauhari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri S.K.Rai AGA -Ist, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Krishna, seeking enlargement on bail in Case Crime No. 745 of 2024 under Sections 351 (2) BNS & 5L/6, 5M/6 POCSO Act & 67 IT Act, Police Station Vijay Nagar, District-Ghaziabad. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since 15.10.2024. First Information Report has been lodged on 14.10.2024 with the allegation that the co-accused Dharmendra @ Kallu, has committed unnatural sex with the son of the first informant namely Tushar and other children of her family namely Prati and Lavish and the applicant has made video clip of the same. Learned counsel for the applicant submits that the role has been assigned to the applicant of making Video clip. There is contradiction in the statement of the victim recorded under Sections 180 and 183 B.N.S.S. In the medical report no injury was found on the body of the victim. In the present case charge sheet has been filed on 11.11.2024 and cognizance has been taken on 05.12.2024. The applicant 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those 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-applicant, Krishna, 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. 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 :- 23.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad