Neutral Citation No. - 2025:AHC:92003 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14605 of 2025 Applicant :- Ashu Alias Sarvesh Kumar Sharma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raj Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Raj Kumar Pandey, learned counsel for the applicant and Shri Puneet Kumar Singh, learned A.G.A. representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Ashu @ Sarvesh Kumar Sharma, seeking enlargement on bail in Case Crime No. 638 of 2023, under Sections-504, 506, 354 I.P.C., section 67 of I.T. Act, and Section 11/12 of POCSO Act, Police Station-Gola, 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 07.03.2025. First Information Report has been lodged on 23.12.2023, against 9 persons including the applicant with the allegation that due to enmity Smt. Geeta Devi has clicked photo of daughter in law of the first informant and sent it to co-accused Vishal. It has been further mentioned that co-accused Vishal has sent the obscene photographs of the victim to the relatives of the victim. It has been further alleged that thereafter all the accused persons including the applicant are making viral the obscene photographs of the victim. Learned counsel for the applicant submits that there is contradiction in the statement of victim under Section 161 and 164 as at one place she has stated that Vishal has made viral the photographs whereas in statement under Section 164 Cr.P.C. she has levelled allegation against the applicant and his mother including Vishal. Learned counsel for the applicant submits that the real fact is that the victim was in a relationship with Vishal and due to enmity, between the families of applicant and victim the entire family has been falsely implicated in the present case. Criminal history of three cases against the applicant has been explained in the supplementary affidavit 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 learned AGA has vehemently opposed, but could not dispute the aforesaid facts. 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, Ashu @ Sarvesh Kumar Sharma, 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 :- 28.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad