Neutral Citation No. - 2025:AHC:145304 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6418 of 2025 Applicant :- Avzal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Girish Kumar Singh,Jitendra Pal Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A.,Namit Srivastava,Rajesh Kumar Pandey Hon'ble Santosh Rai,J. 1. Heard learned counsel for the applicant, learned counsel for the informant and learned AGA for the State-respondents and perused the record. 2. This bail application has been moved on behalf of accused- applicant Avzal seeking enlargement on bail in Case Crime No.403 of 2024, under Sections 74, 351(3) B.N.S., Section 7/8 POCSO Act and Section 67 of I.T. Act, Police Station Sungarhi, District Pilibhit. 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 1.12.2024. It is submitted that accused applicants Avzal and Manoj were named in the First Information Report. It has been stated in the FIR that accused Avzal and co-accused Manoj had molested the victim and committed sexual assault and accused Avzal touched the chest of the victim. The victim has drunk acid due to the misconduct of the accused applicants. In the statement of the victim recorded under Section 180 and 183 B.N.S.S. no common role of accused applicants Avzal and Manoj has been assigned regarding molestation and sexual assault. No specific role regarding providing the acid to the victim by the accused applicant is available on record. Furthermore the victim has taken/swallow the acid on her sweet will. It is argued that accused applicant and other co-accused have prepared the video of the victim and viral it. No specific and reliable material regarding making of obscene material by which the video has been made and viral, is available on record. Submission is that since the charge-sheet has already been submitted, therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses. It is lastly submitted 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 above submissions. 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, period of detention in jail 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 Avzal 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. Order Date :- 22.8.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad