Neutral Citation No. - 2025:AHC:18414 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35842 of 2024 Applicant :- Ramdas Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Nirbhay Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Nirbhay Kumar, learned counsel for the applicant, Sri Puneet Kumar Singh, learned AGA for the State-Respondent and perused the record. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Ramdas, seeking enlargement on bail in Case Crime No. 212 of 2024, under Sections 307, 354, 323 of the Indian Penal Code, and 9/10 of the POCSO Act, Police Station Barkheda, District Pilibhit. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. He submits that in the statement of the victim recorded under Section 161 Cr.P.C., she has stated that the accused-applicant caught the victim and pressed her mouth and took her away in the sugarcane field and pressed her throat. The victim bite on the applicant's finger and freed from his clutches. In the statement of victim recorded under Section 164 Cr.P.C. she has stated that the applicant undressed the victim. There is material contradiction in the statement of victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C. He further submits that in the statement of victim no allegation of sexual assault has been levelled by him against the applicant. He further submits that there was old enmity between the accused and the informant and as a result thereof the applicant has been falsely roped in the present case. Learned counsel for the applicant further submits that in the present case charge-sheet has been filed and the applicant is no more required for custodial interrogation. The applicant is languishing in jail since 08.06.2024. The applicant has criminal antecedents of two cases which have been explained in the affidavit filed in support of the bail application. 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 informant as well as learned AGA has vehemently opposed, but could not dispute the aforesaid fact. 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, Ramdas, 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 :- 7.2.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad