Neutral Citation No. - 2025:AHC:85636 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16289 of 2025 Applicant :- Krishna @ Kishan Bind Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ratan Kumar Mishra Counsel for Opposite Party :- G.A.,Sagar Mishra Hon'ble Ashutosh Srivastava,J. Heard Shri Ratan Kumar Mishra, learned counsel for the applicant, Shri Sagar Mishra, learned counsel for the first informant and Shri Anil Kumar Singh, learned AGA for the State and perused the entire material available on record. This is a second bail application filed by the applicant. First bail application filed by the present applicant was rejected by this Court vide order dated 10.03.2025, passed in Criminal Misc. Bail Application No. 47013 of 2024, with liberty to file a fresh bail application in the same case crime number with added sections. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Krishna @ Kishan Bind, seeking enlargement on bail in Case Crime No. 185 of 2024, under Section 64 (2) (M), 137 (2), 87 of B.N.S. and Section 3/4 (2) POCSO Act, Police Station-Kotwali Dehat, District-Mirzapur. 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 07.10.2024. Learned counsel for the applicant submits that the First Infomration Report has been lodged on 24.08.2024 with a delay of 48 days without any plausible explanation. Learned counsel for the applicant submits that a First Information Report has been lodged with the allegation that the applicant raped the minor daughter of the first informant, namely Pooja, on assurance of marriage and thereafter when he was going to left the victim her home, in an accident the leg of the victim has been fractured. Learned counsel for the applicant submits that the victim in her statement under Section 180 B.N.S.S. has supported the version of the First Information Report whereas, in statement under section 183 B.N.S.S. has said that earlier also there was consensual sexual relation between the victim and applicant. Learned counsel for the applicant further submits that the applicant and victim both are ready to solemnize marriage. In the present case charge sheet has been filed on 17.10.2024 and there is no need of any further custodial interrogation. 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 counsel for the first informant as well as learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 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, Krishna @ Kishan Bind, 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 :- 21.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad