HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34675 of 2025 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Sri S. K. Shukla, learned counsel for the applicant, Sri S. K. Rai, learned AGA-I for the State-Respondent and perused the record. This bail application has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 255 of 2025, under Sections 76 of B.N.S. and Section 9(M)/10 of POCSO Act, Police Station Cantt., District Bareilly. Learned counsel for the applicant argued that the accused-applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the Investigating Officer produced the victim for medical examination but she refused for her medical test. He submits that nothing incriminating material has been recovered from the possession of the applicant. He further submits that there is no independent witness of the alleged incident. He further submits that there is variation in the statement of the witness recorded by the Investigating Officer, which belies the prosecution story. He submits that in the present case, charge-sheet has been filed and the applicant is not required any custodial interrogation. The applicant is languishing in jail since 07.05.2025. The applicant 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, the bail has been prayed for. Learned counsel for the AGA has vehemently opposed, but could not dispute the aforesaid fact raised by learned counsel for the applicant. Versus Counsel for Applicant(s) : Sanjay Kumar Shukla Counsel for Opposite Party(s) : G.A. Naresh Rathor Alias Chadda .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Considering all those 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, Naresh Rathor Alias Chadda, 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. October 29, 2025 pks BAIL No. 34675 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad