Neutral Citation No. - 2025:AHC:145195 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7563 of 2025 Applicant :- Jhallar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ankit Pandey,Deepak Gaur,Dhirendra Babu Mishra,Ravindra Kumar Mishra Counsel for Opposite Party :- G.A.,Sharad Saran Srivastava Hon'ble Santosh Rai,J. 1. Heard learned counsel for the applicant, Sri Sharad Saran Srivastava, 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 Jhallar seeking enlargement on bail in Case Crime No.208 of 2024, under Sections 137(2), 87, 96, 98 B.N.S. and Section 16/17 POCSO Act, Police Station Pipri, District Kaushambi. 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 14.1.2025. It is submitted that initially the First Information Report was registered as unknown. It has been mentioned in the FIR that the informant's daughter went outside the village but she has not returned. During the course of investigation the I.O. has recorded the statement of the injured under Section 180 B.N.S.S. The victim in her statement has stated that her uncle Jhallar (accused applicant) took her on bike and left the victim in the house of co-accused Raju. It is further stated that the victim spent one month in the house of co- accused Raju and the victim was recovered at the house of co- accused Raju. In the statement under Section 183 B.N.S.S. the victim has specifically stated that the co-accused Raju has forcefully committed indecent conduct with the victim. Thus, the victim stated specific role and involvement of accused Raju in her statement before the Magistrate. It is argued that there is a family dispute between the applicant and the informant and there is a close relationship of the applicant with the informant and the victim. It is further argued that as per the medical report the age of the victim is between 16 to 18 years. 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 and submits that the accused applicant is a habitual offender of kidnapping. 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 Jhallar 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