Neutral Citation No. - 2025:AHC:56161 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6444 of 2025 Applicant :- Saurabh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Shri Puneet Kumar Singh, learned AGA for the State-respondents and perused the record. The First Bail Application No.29437 of 2024 has been rejected by a coordinate Bench of this Court vide order dated 26.9.2024. This is second bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Saurabh Yadav, seeking enlargement on bail in Case Crime No. 121 of 2024 , under Sections 328, 120-B IPC, Police Station Sikandra , District Kanpur Dehat. 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 2.1.2025. Learned counsel for the applicant submits that the applicant is alleged to have been involved in an incident which is alleged to have taken place on 22.3.2022. In this incident, one Mahima Yadav was in contact with Harshit Yadav. She was taken coaching at Sikandra. She further alleges that Harshit took her to Auraiya, hired a room in hotel, stayed together and then returned. She has further alleged that he had taken her indecent obscene photographs and by exploiting her on the anvil of the alleged photographs got married on 29.11.2023. She and Harshit are living as husband and wife after marriage but now Harshit is compelling her for divorce. Nine accused persons were named in the F.I.R. The Investigating Officer found the name of six accused persons have been falsely implicated. Hence, the Investigating Officer has filed final report in favour of six accused persons. The Investigating Officer filed charge-sheet against the applicant, Harshit Yadav and Smt. Neema Yadav on 11.08.2024. During her statement under Section 164 Cr.P.C., the victim attributed role of assistance to the applicant. The role of committing rape is attributed to main accused Harshit Yadav. 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, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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, Saurabh Yadav, 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 :- 16.4.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad