Neutral Citation No. - 2025:AHC:67181 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5858 of 2025 Applicant :- Gaus Mohammad Alias Faraz Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mujiburrahman,Mushir Khan Counsel for Opposite Party :- Dhiraj Kumar Pandey,G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Mushir Khan, learned counsel for the applicant, Shri Sushil Kumar Pandey under the authority of Shri Dhiraj Kumar Pandey, learned counsel for the first informant and Shri Arimardan Yadav, 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, Gaus Mohammad Alias Faraz Khan , seeking enlargement on bail in Case Crime No. 233 of 2024, under Section 5/6 of POCSO Act, Police Station Kamalganj, District Farrukhabad. 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 1.11.2024. Learned counsel for the applicant submits that earlier the applicant was enlarged on bail in this case crime number i.e. Case Crime No. 233 of 2024, under Sections 351 (2), 351 (3) of BNS and under Section 3/4 of POCSO Act on 13.2.2025 in Crl. Misc. Bail Application No. 45906 of 2024 . Thereafter, charge sheet in section i.e. 5/6 of POCSO Act has been filed before the Court below. Applicant is seeking enlargement on bail in Section 5/6 of POCSO Act. 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 as well as learned counsel for the first informant have vehemently opposed the prayer for bail, but could not dispute the fact that earlier applicant was enlarged on bail in this very case crime number in different sections. 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, Gaus Mohammad Alias Faraz Khan , 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 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad