HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34546 of 2025 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, Sri Kamlesh Kumar Tiwari, 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 as per ossification report, the age of the victim is about 17 years. Learned counsel further argued that the victim in her statement recorded under Section 183 of B.N.S.S., has specifically stated that the applicant on the pretext of marriage has established physical relations and when she came to know that the applicant is already married, who in turn has stated that he has already divorced his wife. Learned counsel further argued that the applicant and the victim are well known to each other and they reside in the same locality as such the victim was well aware about the marital status of the applicant. He further submits that medical evidence does not corroborate with the prosecution version and that the applicant has been false roped in the present case due to ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed Versus Counsel for Applicant(s) : Vishveshwar Mani Tripathi Counsel for Opposite Party(s) : G.A., Kamlesh Kumar Tiwari Manish Alias Golu Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) before the Court. 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 03.07.2025 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 Manish @ Golu Kumar involved in Case Crime No.382 of 2025 under Sections 64, 351(3) B.N.S., and Section 5L/6 POCSO Act, Police Station Sahjanwa, District Gorakhpur, 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. BAIL No. 34546 of 2025 2 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. 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. 34546 of 2025 3 Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad