Neutral Citation No. - 2025:AHC:67517 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5773 of 2025 Applicant :- Rajendra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajeev Kumar Saxena Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rajeev Kumar Saxena, learned counsel for the applicant and Shri Yagyavalka Pandey, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant-Rajendra, seeking enlargement on bail in Case Crime No. 227 of 2015, under Sections 363 and 366 I.P.C. and Section 7/8 of POCSO Act, Police Station-Ayana, 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 14.11.2024. Learned counsel for the applicant submits that a First Information Report dated 01.11.2015 was lodged by the first informant, with the delay of six days, for an incident occurred on 24.10.2014, with the allegation that on the day of incident when the victim and her brother were returning from market the applicant and three other accused persons abducted the victim. Learned counsel for the applicant further submits that the victim and the applicant perform marriage on 02.11.2015 and the marriage was registered on 16.11.2015. Thereafter the applicant and victim filed a Criminal Misc. Writ Petition No. 28505 of 2015 for protection before this Court. The Court has granted interim protection to the applicants till submission of police report vide order dated 03.12.2015. During investigation the Investigating Officer has filed charge sheet against the applicant on 29.01.2016 and cognizance has been taken by the Court concerned on 18.03.2016. In the year 2021 the victim has fled away with one Akash. An information of the said incident was given by the applicant in Police station Akhileshwar G.I.T.C. on 07.03.2021. The Trial Court had issued non bailable warrant against the applicant and the applicant was arrested and sent to jail on 14.11.2024. He 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 AGA has vehemently opposed the prayer for bail. Considering all above 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, Rajendra, 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 :- 30.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad