Neutral Citation No. - 2025:AHC:71553 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4515 of 2025 Applicant :- Raja Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhishek Srivastava,Ajay Nand Pandey Counsel for Opposite Party :- G.A.,Satyendra Kumar Mishra Hon'ble Ashutosh Srivastava,J. Heard Sri Ajay Nand Pandey, learned counsel for the applicant, Sri Brijendra Kumar, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 194 of 2024, under Sections 140(2), 123, 74 of the Bharatiya Nyaya Sanhita, 2023, and Section 7/8 of the POCSO Act, Police Station Binauli, District Baghpat. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the applicant is a servant in the shop of the informant and he was not being paid his salary due to this reason the informant has falsely implicated the applicant. He submits that the applicant had neither kidnapped the victim nor given her intoxicants nor molested her. There is no independent witness of the alleged offence. He submits that in the present case, charge- sheet has been filed and the applicant is not required any custodial interrogation. In the medical report, no forceful penetration was opined by the Doctor and all injuries were simple in nature. He submits that as per educational certificate the victim is aged about 13 years. The applicant is languishing in jail since 04.08.2024. 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, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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, Raja, 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 :- 5.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad