Neutral Citation No. - 2025:AHC:142702 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5555 of 2025 Applicant :- Jafar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Kumar Dwivedi,Manoj Kumar Pandey,Sanjay Kumar Shukla Counsel for Opposite Party :- Anshu Pandey,G.A. Hon'ble Santosh Rai,J. 1. Heard learned counsel for the applicant, Ms. Anshu Pandey, learned counsel for the informant and learned AGA for the State- respondents 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, Jafar, seeking enlargement on bail in Case Crime No.308 of 2024 , under Sections 319(2), 123, 351(3) of the Bharatiya Nyaya Sanhita, 2023, Section 11/12 of POCSO Act and Section 67A of I.T. Act, Police Station Bidhnu, District Kanpur Nagar. 3. Learned counsel for the applicant submits that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 23.10.2024. It is submitted that in the First Information Report it has been stated that the accused has administered some psychotropic substance in cold drink and prepared video thereafter viral it. Initially the FIR was not registered under the provisions of POCSO Act, but after conclusion of investigation the Investigating Officer has submitted charge-sheet under Section 11/12 of POCSO Act also alongwith other sections of B.N.S. and I.T. Act. From the perusal of the statement of the victim under Section 183 B.N.S.S. it appears that the victim was previously familiar with the accused. As per the statement of the victim under Sections 181 and 183 B.N.S.S. age of the victim is 17 years but as per the high school certificate the age of the victim is 17 years 9 months 14 days. It is further submitted that since the charge-sheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses and no external or internal injury has been found on the body of the victim. It is argued that 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. 4. Per contra, learned counsel for the informant as well as learned AGA has vehemently opposed the the prayer for bail but could not dispute the aforesaid submission. 5. After perusing the record in the light of submission advanced by learned counsel for applicant and learned AGA and 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Jafar 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 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. 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. 9. Trial court is directed to expeditiously conclude the trial of the present case. Order Date :- 20.8.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad