Neutral Citation No. - 2025:AHC:81649 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9156 of 2025 Applicant :- Asgar Ali Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ansar Ahmad,Sandhya Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Ansar Ahmad, learned counsel for the applicant, Sri Arimardan Yadav, 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. 459 of 2024, under Section 78 of the Bharatiya Nyaya Sanhita, 2023, Section 11/12 of the POCSO Act, and Section 67 of the Information Technology Act, Police Station Auraiya, District Auraiya. 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 statement of prosecution is false and baseless. The applicant has not committed any crime of any kind. The applicant has not made any video of the daughter of the informant and has not uploaded the same on the Instagram. The applicant has not followed the victims while she was going to the coaching. During the investigation no evidence with regard to uploading of video on Instagram has been found. There is no independent witness of the alleged incident. The applicant is languishing in jail since 07.02.2025. 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. 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, Asgar Ali, 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 :- 16.5.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad