Neutral Citation No. - 2025:AHC:31879 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5770 of 2025 Applicant :- Rahul Thakur Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Chandra Narayan Mishra, learned counsel for the applicant, Sri S.K. Ojha, learned AGA for the State-Respondent and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Rahul Thakur, seeking enlargement on bail in Case Crime No. 434 of 2024, under Sections 115(2), 127(2), 143(4) of the Bharatiya Nyaya Sanhita, 2023, and Sections 75, 79 & 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 16 of the Bonded Labour System (Abolition) Act, 1976, Police Station Govind Nagar, District Kanpur Nagar. 3. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the applicant was not named in the FIR. The applicant has been implicated in the present case on account of call detail and arrested from his local residence. He further submits that from the statement of the victim recorded under Section 180 & 183 of B.N.S.S., he has not made any allegation against the applicant. The independent witnesses have also not made any allegation against the applicant. No credible evidence of exploitation of the victim has been produced by the informant before the Investigating Officer. He further submits that the applicant had neither forcibly obstructed nor restrained the victim in his house. The medical examination of the victim does not reflect any type of injury on his own. The applicant has been falsely implicated in the aforesaid crime. No offence is made out against the applicant in the aforesaid sections. The applicant is languishing in jail since 15.12.2024. 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, the bail has been prayed for. 4. Learned AGA has opposed, but could not dispute the aforesaid fact. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Rahul Thakur, 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. 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 :- 4.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad