Neutral Citation No. - 2025:AHC:135795 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3757 of 2025 Applicant :- Mohd. Yazdani Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.,Sanjeev Kumar Shukla Hon'ble Santosh Rai,J. 1. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 2. Learned counsel for the opposite party no.4 submits that his client is not present in Court to file counter affidavit. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Mohd. Yazdani seeking enlargement on bail in Case Crime No.472 of 2024, under Sections 115(2), 137(2), 351(2) of B.N.S. and Section 5L/6 of POCSO Act, Police Station- Mubarakpur, District- Azamgarh. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 1.12.2024. It is submitted that the present FIR is nothing but a counterblast. It is further submitted that the accused appellant 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. 5. Learned AGA has vehemently opposed the prayer for bail. 6. Considering the fact that no specific role has been assigned to the accused appellant and common role in committing the offence has been assigned to the three accused; injuries of the victim are simple in nature; age of the victim is 11.10.2006 as per the High School certificate as also the 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, Mohd. Yazdani 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. 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 :- 11.8.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad