Neutral Citation No. - 2025:AHC:75188 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13271 of 2025 Applicant :- Sakib Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Ram Raj Pandey, learned counsel for the applicant, Sri Bijendra Kumkar, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Sakib, seeking enlargement on bail in Case Crime No. 194 of 2024, under Sections 140 (2), 123, 74 BNS and Section 7/8 POCSO Act, Police Station Binauli, District Baghpat. 3. 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 05.08.2024. 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 the applicant has no concern with the alleged incident and the victim has also not identified the applicant. The statement of victim under Sections 180 and 183 BNS has been recorded, in which she has not disclosed the name of the applicant and no identification parade was done. It is submitted that the main accused has been granted bail. It is further submitted that the incident occurred in the evening at 5:00 p.m. and there is no independent witness of the alleged incident. Hence, bail has been prayed for. 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, Sakib, 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 :- 7.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad