Neutral Citation No. - 2025:AHC:50263 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11359 of 2025 Applicant :- Mustafa @ Shekhu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Gaurav Kakkar, learned counsel for the applicant, Shri Ashok Kumar Rai, 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, Mustafa @ Shekhu, seeking enlargement on bail in Case Crime No. 23 of 2025, under Sections 3/4 of POCSO Act, Police Station Nangal , District Saharanpur. 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 23.1.2025. Learned counsel for the applicant by raising legal submission submits that as per statement of victim, as per AADHAR card as well as report of CMO concerned, the victim is major. However, in the FIR, the age of victim is reported to be 17 years of age. In the case at hand, the certificate of CMO concerned would prevail, which reveals that victim is aged about 20 years. Learned counsel for the applicant submits that from the perusal of aforesaid documents, the applicant cannot be charged for the offences punishable under POCSO Act. 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 unable to refute the legal submissions raised by learned counsel for the applicant. 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, Mustafa @ Shekhu , 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 :- 8.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad