Neutral Citation No. - 2025:AHC:33525 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5309 of 2025 Applicant :- Ompal Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Prakash Rawat,Surendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard learned counsel for the applicant, Sri Yagyavalk Pandey, learned A.G.A. and perused the record of the case. 2. The present bail application under Section 483 BNSS has been filed on behalf of applicant Ompal Singh, with a prayer to release him on bail in Case Crime No. 803 of 2021, under Section 363, 366, 120B IPC, registered at Police Station Indrapuram, District Ghaziabad, during pendency of the trial. 3. It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. As per the allegation made in the FIR is that on 11.05.2021 at about 1:00 p.m., the minor daughter of informant, aged about 16 years has enticed away by one Anil, neighbourer of the informant. It is submitted that the applicant is not named in the FIR. The name of the applicant came into the light in the statement of victim under Section 161 Cr.P.C. The victim was recovered by investigating officer and recorded her statement under Section 161 Cr.P.C., in which the victim disclosed the name of applicant. 4. It is further submitted that the applicant is belong to poor family and he is illiterate person and working as a laborer in brick kiln and he has falsely implicated in the present case due to malicious intention of the victim and her family members. The applicant has no criminal history. The applicant, who is languishing in jail since 13.07.2024 undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 5. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the aforesaid fact. 6. 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. 7. Let applicant, Ompal Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with 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. 8. 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 :- 6.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad