Neutral Citation No. - 2025:AHC:79557 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4314 of 2025 Applicant :- Rakesh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Pandey Counsel for Opposite Party :- Ajay Kumar Kashyap,G.A.,Niharika Dubey,Vishakha Dubey Hon'ble Ashutosh Srivastava,J. Heard Shri Manoj Pandey, learned counsel for the applicant, Ms. Vishakha Dubey, learned counsel for the first informant and Shri S.K.Rai, learned A.G.A.-Ist, representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Rakesh, seeking enlargement on bail in Case Crime No. 507 of 2024, under Sections- 137 (2), 87 of B.N.S. and Section 16/17 of POCSO Act, Police Station- Chandausi, District-Sambhal. 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 27.11.2024. First Information Report has been lodged on 06.11.2024, with a delay of seven days without any plausible explanation, for an incident occurred on 30.10.2024, against the applicant with the allegation that the applicant has enticed away the minor sister in law of the first informant. There is contradiction in the statement of the victim under Section 180 and 183 B.N.S.S.. In the statement under Section 180 B.N.S.S. she has stated that she was in love affair with the applicant and had gone with the applicant on her own accord while in statement under Section 183 B.N.S.S. she has stated that the applicant is her friend and she had not accompanied the applicant. The victim herself has refused for her medical examination. 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 learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 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, Rakesh, 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 :- 6.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad