Neutral Citation No. - 2025:AHC:87851 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14974 of 2025 Applicant :- Shubham Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ashish Tyagi,Kapil Tyagi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Kapil Tyagi, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Shubham, seeking enlargement on bail in Case Crime No. 142 of 2025, under Sections 333, 74, 76, 115 (2) and 351 (3) of the Bharatiya Nyaya Sanhita, 2023 and Section 7/8 of POCSO Act, Police Station Garhmukteshwar, District Hapur. 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 21.3.2025. Learned counsel for the applicant submits that there is delay of 08 days in lodging the FIR. The present case is nothing but an after thought version. As per medical report, there was no injury with regard to sexual assault. The victim has also refused for her medical examination. The FIR has been lodged against two persons, later on, she has exonerated the co-accused Atul in her statement recorded under Section 183 BNSS. Charge sheet in this case has already been filed. 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, Shubham, 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 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad