Neutral Citation No. - 2025:AHC:31300 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7758 of 2025 Applicant :- Anuj @ Annu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Rajesh Sharma, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State-opposite party 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, Anuj @ Annu, seeking enlargement on bail in Case Crime No. 644 of 2024, under Sections 137(2), 87 of the Bharatiya Nyaya Sanhita, 2023, 16/17 POCSO Act & 3(2)(v) of SC/ST Act, Police Station Dibai, District Bulandshahr. 3. 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 11.12.2024. He 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. 4. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. Victim is a consenting party. Statement of the victim recorded u/s 183 of B.N.S.S., which shows that she is 16 years old and she left her house without informing anyone in her house and she is well known to the applicant, she got marry with the applicant on her own sweet will at the house of the applicant as the caste of applicant is different and her family will not be ready for this marriage. Only due to different caste of the applicant, he was falsely implicated in this case. Learned counsel for the applicant submits that victim is 16 years of age as is stated in her statement recorded u/s 183 B.N.S.S., annexed as Annexure-5 to the bail application. She is mature enough to ascertain what is right or wrong for her. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedent. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Anuj @ Annu, 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. 9. 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 :- 5.3.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad