HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34552 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Sri Ashish Singh, learned counsel for the informant, 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 according to the F.I.R., allegation, the applicant has enticed away the minor daughter of the informant.Learned counsel further argued that the victim in her statement recorded under Section 183 of B.N.S.S., has specifically stated that she was in conversation with the applicant since long and she wants to marry him and had gone with the applicant out of her own free will and consent and on 05.06.2025, she has solemnised marriage with the applicant. Learned counsel further argued that there is no whisper about commission of rape or establishing physical relations against the applicant. It is thus contended that the ingredients of Section 65(1) is not attracted in the present case and that the applicant has been falsely implicated in the present case. 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) : Jitendra Singh Counsel for Opposite Party(s) : Ashish Singh, G.A. Sukhlal @ Sukkhe .....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 17.06.2025 having no criminal history. 3. Per contra, learned A.G.A. as well as learned counsel for the informant have 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. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail. 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 Sukhlal @ Sukkhe involved in Case Crime No. 277 of 2025 under Sections 137 (2), 87, 65(1) B.N.S., and Section 4(2) of POCSO Act, Police Station Kanth, District Shahjahanpur, 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. iii) The applicant shall appear on the date fixed by the trial BAIL No. 34552 of 2025 2 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. 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 28, 2025 S.Ali BAIL No. 34552 of 2025 3 Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad