HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22768 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Office vide its report dated 27.08.2025 has reported that notice issued to the first informant of the case has been served personally, inspite of service of notice, none appears either for the informant or for the High Court Legal Services. 2. Heard Sri Najam Uz-Zaman Khan, learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. Learned counsel for the applicant submits that according to the own admission of the victim in her statement recorded under Section 180 of B.N.S.S., she is aged about 19 years. She has further stated she had gone with the applicant own free will at Meerut and nothing has been committed, whereas the victim in her statement recorded under Section 183 of B.N.S.S., has stated that her mother had scolded her and that the applicant does the job at Punjab, therefore she she had gone to Punjab and stayed with the applicant for six days. It has also been stated by her that she had not gone out of her own free. Learned counsel has next argued perusal of the statement of the victim recorded under Section 183 of B.N.S.S. would go to show that she had gone alone instead of with the applicant. It is thus contended that there are material contradictions in the statements of the victim recorded under Section 180 and 183 of B.N.S.S.,. therefore the entire prosecution story has no legs to stand and that the applicant has been falsely implicated in the present case. Learned counsel has further contended that the victim had initially refused to undergo for Versus Counsel for Applicant(s) : Mohd Faiz, Najam Uz Zaman Khan, Sandip Kumar Shukla, Zahid Khan Counsel for Opposite Party(s) : G.A. Nadeem .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) medical examination, copy of which is annexed as Annexure-4 to the affidavit accompanying the bail application, however later on, she was medically examined on 28.03.2025 and her hymen was found old healed torn. Learned counsel has next argued that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. Learned counsel next argued that the applicant has no criminal history. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 22.03.2025. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail. 6. Let applicant Nadeem involved in Case Crime No.78 of 2025 under Sections 137(2), 87, 123, 64, 352 of B.N.S., Section 3/4 of POCSO Act, Section 3(2)5 of SC/ST Act, Police Station Chhara, District Aligarh, be released on bail on furnishing a personal bond and two local heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. BAIL No. 22768 of 2025 2 iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. 8. The bail application is allowed. March 19, 2026 S.Ali BAIL No. 22768 of 2025 3 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad