Neutral Citation No. - 2025:AHC:51687 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10105 of 2025 Applicant :- Rambabu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ankit Kapoor Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Ankit Kapoor, learned counsel for the applicant and Shri Yagyavalka pandey, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant-Rambabu, seeking enlargement on bail in Case Crime No. 447 of 2024, under sections 351 (3) B.N.S. and section 3/4 )2) and 18 of POCSO Act, Police Station-Sarnath, 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 28.09.2024. Learned counsel for the applicant submits that the First Information Report has been lodged on 27.09.2024, with a delay of 7 days, for an incident taken place on 20.09.2024, with the allegation that the applicant has tried to commit unnatural sex with the son of the informant. The real fact is that the family of the alleged victim and the family of the first informant are relatives and both the families resided in the same vicinity and the residence of the first informant is in front of the house of the present applicant and there is some enmity between the parties and due to which the applicant has been falsely implicated in the present case. 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, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that the applicant has no criminal antecedents. Considering all above 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, Rambabu, 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 :- 9.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad