Neutral Citation No. - 2025:AHC:72185 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4387 of 2025 Applicant :- Govind Prajapati Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Dutt Awasthi,Ram Govind Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Krishna Dutt Awasthi and Shri Ram Govind, learned counsel for the applicant and Shri Purshottam Maurya, learned A.G.A. representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Govind Prajapati, seeking enlargement on bail in Case Crime No. 565 of 2024, under sections 137 (2), 87 B.N.S. and Section 7/8 of POCSO Act, Police Station-Auraiya, District-Auraiya. 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 20.12.2024. First Information Report has been lodged on 18.10.2024, with a delay of two days without any plausible explanation, for an incident occurred on 16.10.2024, against unknown person with the allegation that two minor daughters of the first informant went to school and thereafter did not return home and in the evening one boy namely Govind came to the house of the first informant and handed over some written papers to her mother in law. Learned counsel for the applicant submits that the victims in their statement under Section 180 B.N.S.S. have said that they themselves left their parent house and no one enticed them. In the statement under Section 183 B.N.S.S. the victims have changed their version but have not levelled any allegation against the applicant regarding any sexual assault. 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, Govind Prajapati, 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