HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 36873 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Sri Marjeet Mishra, learned counsel for the informant learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that the victim has solemnised marriage with the applicant and since the victim's maternal uncle, the informant of the present case, wants her to be married with a person of her own choice and therefore she went away with the applicant. Learned counsel further submits that the deponent of the present case is the victim. Learned counsel further argued that the applicant is innocent and he has been falsely roped in the present case, therefore the applicant may be enlarged on bail. 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 25.07.2025. 3. 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. 4, Sri Marjeet Mishra, learned counsel for the victim has stated that the Versus Counsel for Applicant(s) : Ajeet Kumar Madhesia, Pawan Giri Counsel for Opposite Party(s) : G.A., Marjeet Mishra Jamshed Shah .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) father of the victim was ready to solemnise marriage of the victim with the applicant but the first informant, who is the maternal uncle of the victim did not agree which has resulted into lodging of the F.I.R., and he has no objection in case, the applicant is enlarged on bail. 5. The victim is present before this Court, who is identified by her counsel. The victim has specifically stated that she is aged about 19 years and she has come to this Court along with her father-in-law. She has also stated that she had a love affair with the applicant and out of her own free will and consent has solemnised Nikah on 19.06.2024 with the applicant and after marriage she is residing happily at her matrimonial house without any complaint. She has also stated that she is the deponent in the bail application moved on behalf of the applicant. The statement of the victim has been reduced in writing separately on a plain paper and is kept at part of the record. 6. 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. 7. Let applicant Jamshed Shah involved in Case Crime No.536 of 2022 under Sections 363, 366, 376(2)N I.Pl.C., and Section 5L/6 of POCSO Act, Police Station Cantt., District Varanasi, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following condi tions:- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. 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. BAIL No. 36873 of 2025 2 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. 8. 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. 9. The bail application is allowed. October 28, 2025 S.Ali BAIL No. 36873 of 2025 3 (Dr. Gautam Chowdhary,J. Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad