Neutral Citation No. - 2025:AHC:83407 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12985 of 2025 Applicant :- Pawan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shweta Nishad Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Vivek Mishra under the authority of Ms. Shweta Nishad,, learned counsel for the applicant, Shri Yagvalk Pandey, learned AGA for the State-respondents and perused the record. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant Pawan, with a prayer to release him on bail in Case Crime No. 803 of 2024, under Sections 96, 115 (2), 117 (2), 137 (2), 140 (4) of the Bharatiya Nyaya Sanhita, 2023 and Section 5/6 of POCSO Act, Police Station Chiluatal, District Gorakhpur. 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 25.11.2024. Learned counsel for the applicant submits that there is no sign of penetration on the body of the applicant. The parents of the victim have refused for medical examination. Admittedly, the applicant is working as servant in the house of first informant. The parents of victim in their statement recorded under Section 180 of BNSS has said that "they checked the body of victim and found that nothing wrong has been done with him. She further said that applicant was trying to commit sexual assault with the victim. They further said that they did not get medically examined the victim because nothing wrong was done with the victim." Charge sheet in this case has already been filed before the Court below. 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. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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, Pawan, 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 :- 19.5.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad