HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9036 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel further submits that by the efflux of time, trial began and during the trial, the statement of P.W.1- the informant was recorded and she has not supported the prosecution version, copy of statement is annexed as Annexure-SA1 to the supplementary affidavit. Learned counsel further argued that though the statement of the victim has not yet been recorded before the trial Court, however the victim in her statement under Section 183 of B.N.S.S., has specifically stated that she is aged about 19 years and she loves with the applicant and had gone with the applicant out of her own free will and consent and had solemnised marriage in a temple. It is thus contended that no offence against the applicant is made out. 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, Versus Counsel for Applicant(s) : Awaneesha Kumar, Narendra Singh, Sanjeev Kumar Yadav Counsel for Opposite Party(s) : G.A. Munna Nishad .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 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 05.02.2025, having no criminal history. 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. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed. 5. Let applicant Munna Nishad involved in Case Crime No. 18 of 2025 under Sections 137(2), 64(1) of B.N.S., and Section 3/4 of POCSO Act, Police Station Tiwaripur, District Gorakhpur, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- A. The applicant shall not tamper with the evidence during the trial. B. The applicant shall not pressurize/ intimidate the prosecution witness. C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. BAIL No. 9036 of 2025 2 D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected. E. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 6. 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. (Dr. Gautam Chowdhary,J.) October 29, 2025 S.Ali BAIL No. 9036 of 2025 3 Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad