Neutral Citation No. - 2025:AHC:60077 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 348 of 2025 Applicant :- Sharik Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- Anup Kumar Pandey,Ashish Tyagi,G.A.,Kapil Tyagi Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant and Shri S.K.Rai, learned AGA-Ist, for the State-respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Sharik, seeking enlargement on bail in Case Crime No. 307 of 2024 under Sections 115 (2), B.N.S. and 5D/6 of POCSO Act, Police Station Lohiyanagar, District-Meerut. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. The applicant is languishing in jail since 19.07.2024. First Information Report has been lodged on 04.09.2024, by the wife of the applicant, with the allegation that she has performed the second marriage with the applicant and she has two sons from her first husband, namely Arman and Ayan and the applicant has committed unnatural sex with Arman on the date of incident and during quarrel it has came to the knowledge of the first informant that he is doing unnatural sex with the other son namely Ayan also. Learned counsel for the applicant submits that there is contradiction in the version of the First Information Report as well as in the statement of the first informant regarding the date of incident. In the medical report, the medical officers has reported " As the child not cooperative for examination." Learned counsel for the applicant submits that the real fact is that the first informant, who is wife of the applicant, wants to mutate the house of the applicant in her name and when the applicant has denied, he has been falsely implicated in the present case. Learned counsel for the applicant further submits that charge sheet has been filed in the present case on 05.09.2024 and the Court concerned has taken cognizance on 26.09.2024. Learned counsel for the applicant further submits that the applicant is languishing in jail since last more than 9 months. 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, but could not dispute the fact that the applicant has no criminal antecedents, charge sheet has been filed, cognizance has been taken by the Court concerned and the applicant is languishing in jail since more than 9 months. 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, Sharik, 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 :- 22.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad