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Neutral Citation No. - 2025:AHC:88117 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14901 of 2025 Applicant :- Sohel Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shailesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Subedar Mishra, Advocate, under the authority of Shri Shailesh Kumar, learned counsel for the applicant and Shri Purshottam Maurya, 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, Sohel, seeking enlargement on bail in Case Crime No. 18 of 2025, under Sections- 115 (2) and 352 of B.N.S. and Section 5/6 of POCSO Act, Police Station-Kamalganj, District-Farrukhabad.
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 29.01.2025. First Information Report has been lodged on 28.01.2025, with a delay of 15 days without any plausible explanation, for an incident occurred on 16.01.2025, against the applicant and one other co- accused with the allegation that both of them taken away the minor daughter of the applicant namely Soni, in the house and misbehaved with her and when his son objected both of them beaten him. The victim in her statement under Section 180 B.N.S.S. has reiterated the version of the First Information Report whereas, in her statement under Section 183 B.N.S.S. has changed her version and implicated three persons including the applicant. In the medical report there is no injury on the person of the victim. 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 learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. 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, Sohel, 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 :- 23.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad