Neutral Citation No. - 2025:AHC:55421 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12268 of 2025 Applicant :- Shanu Alias Shanio Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhishek Kumar Saroj,Nagendra Bahadur Singh,Sunil Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant and Shri Purshottam Maurya, learned AGA 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, Shanu @ Shanio, seeking enlargement on bail in Case Crime No. 197 of 2024 under Sections 363, 366, 452, 323, 342 B.N.S. & 16/17 of POCSO Act, at Police Station Shahi, District Bareilly. 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 19.11.2024. First Information Report has been lodged on 25.06.2024, against the applicant and four other persons with a delay of two days for the incident taken place on 23.06.2024, with the allegation that one Nadeem has taken away the daughter of the informant with an intention to marry with her with the help of applicant and other named accused persons. Learned counsel for the applicant submits that the victim in her statement under Section 164 Cr.P.C. has levelled the allegation of committing rape against the main accused Nadim. No any allegation has been levelled against the applicant. Charge sheet against the applicant has been filed on 27.11.2024. Criminal history of one case has been explained in paragraph no. 28 of the affidavit filed in support of bail application 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 no specific role has been assigned to 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, Shanu @ Shanio, 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 :- 16.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad