HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33482 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Anand Pati Tiwari, learned counsel for the applicant, Sri Ajay Kumar Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Abhishek @ Haridyansh, seeking enlargement on bail in Case Crime No. 214 of 2025, under Sections 137 (2), 87, 64 (1) BNS and Section 3/4 POCSO Act, Police Station Dhanari, District Sambhal. 3. The allegation made in the FIR is that on 25.06.2025 at about 11:00 a.m., minor daughter of the first informant, aged about 17 years has enticed away by the applicant. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 29.06.2025. 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. 5. Learned counsel for the applicant submits that the incident took place on 25.06.2025 and its FIR was lodged on 26.06.2025 without giving any explanation for delay in lodging the FIR. Initially the FIR was lodged under Sections 137 (2), 87 BNS but during the course of Versus Counsel for Applicant(s) : Anand Pati Tiwari Counsel for Opposite Party(s) : G.A. Abhishek @ Hridyansh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) investigation, the Investigating Officer added Sections 64 (1) BNS and Section 3/4 (1) POCSO Act in the instant case. It is argued that during the course of investigation, the victim was recovered by the Investigating Officer on 27.06.2025 from the open place and her statement under Sections 180 and 183 BNSS has been recorded. The statement of victim was recorded under Section 183 BNSS, in which she has stated that she is in relation with the applicant about two years and it appears that the victim is consenting party. The age of the victim is 17 years 11 months and 10 days on the date of incident. There are several contradictions in the statement of informant, victim and FIR version. It is argued that the applicant has never made physical relation with the victim. No offence is made out against the applicant as alleged in the FIR and the entire prosecution story is false and concocted and frivolous Hence, bail has been prayed for. 6. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Abhishek @ Haridyansh 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution BAIL No. 33482 of 2025 2 witnesses and co-operate in the trial. iv. 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. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 26, 2025 v.k.updh. BAIL No. 33482 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad