Neutral Citation No. - 2025:AHC:33250 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8119 of 2025 Applicant :- Sachin Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kishore Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Pavan Kishore, learned counsel for the applicant and Shri Ajay Singh, learned A.G.A. representing the State respondents. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Sachin Nishad, seeking enlargement on bail in Case Crime No. 436 of 2024, under Sections-137 (2), 87 B.N.S., Police Station-Cholapur, District-Varanasi. 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 24.12.2024. First Information Report was lodged with the allegation that the niece of the first informant, namely Neetu Gond, aged about 15 years, studying in class 9th in Bharat Sevak Samaj Inter College, Hathiyar Kala, has been enticed away by any unknown person. The applicant was not named in the first information report. Name of the applicant was surfaced in the statement of the first informant. The victim was recovered on the very next day i.e. 24.12.2024. The victim in her statement has said that she was in love affair with the applicant and she went with her according to her sweet will. Mother of the victim has refused from her medical examination. 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Sachin Nishad, 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. 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 :- 7.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad