Neutral Citation No. - 2025:AHC:82589 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8610 of 2025 Applicant :- Mohammad Hasan @ Babu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Balram Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Balram Mishra, learned counsel for the applicant, Sri Ajay Singh, learned AGA for the State-Respondent and perused the record. The present bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 482 of 2024, under Sections 363, 377, 323, 506 of the I.P.C and Sections 3/4 of the POCSO Act, Police Station Kotwali Khalilabad, District Sant Kabir Nagar. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant further submits that the FIR has been lodged after some delay of which no satisfactory explanation has been submitted. The allegation of committing unnatural sex with the victim by the applicant is false and there is no credible evidence against the applicant. The applicant has not committed any unnatural sex with the victim. There is no independent witness of the alleged incident. There is variation in the statement of the victim recorded under Section 161 Cr.P.C. and Section 164 Cr.P.C., which belies the prosecution story. In the medical report, no injury has been reflected on the private part of the victim.The applicant is languishing in jail since 11.07.2024. The 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. He submits that the age of victim is about 18 years as such she is major. Hence, the bail has been prayed for. Learned AGA has vehemently opposed the prayer of bail, but could not dispute the above submissions raised by learned counsel for the applicant. 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, Mohammad Hasan @ Babu, 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 :- 17.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad