Neutral Citation No. - 2025:AHC:50599 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11271 of 2025 Applicant :- Yash Sirohi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bajrang Lal,Krishna Kanhaiya Soni Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Learned counsel for the applicant has filed copy of site plan, which is taken on record. 2. Heard learned counsel for the applicant, Sri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Yash Sirohi, seeking enlargement on bail in Case Crime No. 88 of 2025, under Sections 77, 78, 79, 109, 191 (2), 190 BNS and under Section 11/12 POCSO Act, Police Station Civil Lines, District Moradabad. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 19.02.2025. 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. Learned counsel for the applicant submits that according to the prosecution version six girls were injured and they were medically examined at private hospital namely Asian Vivekanand Moradabad. It is next submitted that the injured girls as well as the eye witness have not disclosed the name of the applicant in their statements recorded under Section 180 BNS. The incident took place on 07.02.2025 at 11:00 a.m. whereas FIR has been lodged on 07.02.2025 at 18:20 p.m. without given any explanation for delay in lodging the FIR. He has next submitted that the applicant is a student of class XI and he was present in his college game program and he was arrested from his house and as per the CCTV footage of the incident, a car standing on the way, these girls and four boys are standing near the car, talking each other and a car appears to be fast and its driver's balance deteriorates and hits these girls. It is a full fledged accident matter and the concern police wrongly imposed Section 109 BNS. Learned counsel for the applicant has further submitted that applicant is innocent person and have no concern to this incident and he has falsely implicated. When no any eye witness as well as injured girls have been taken the name of the applicant in their statement, then how did the informant know the name of the applicant and till today no charge sheet has been submitted by the police. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Yash Sirohi, 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. 9. 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 :- 7.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad