HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 23119 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Atul Kumar learned counsel for the applicant, learned counsel for the first informant, Sri Varun Pratap Singh, 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, Aamir, seeking enlargement on bail in Case Crime No. 112 of 2025, under Sections 64, 127 (2), 61 (2) BNS and Section 3/16/17 POCSO Act, Police Station Mansoorpur, District Muzaffar Nagar. 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 24.04.2025. 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. 4. The allegation made in the FIR is that the victim aged about 15 years went to the house of applicant for some work, where the named accused person Saleem had committed rape with her. 5. Learned counsel for the applicant submits that the applicant is not named in the FIR. The incident took place on 20.04.2025 and its FIR was lodged on 21.04.2025 without giving any explanation for delay in lodging the FIR. It is submitted that the allegation of rape has been levelled against named accused person namely Saleem. As per the medical report of the victim there is no external injury found on the body of the victim and as per the opinion Versus Counsel for Applicant(s) : Atul Kumar Counsel for Opposite Party(s) : G.A., Rajendra Kumar Ratnakar, Santosh Kumar Srivastava Aamir .....Applicant(s) State Of U.P. Though It Principal Secretary (Home) And 3 Others .....Opposite Party(s) of doctor the age of the victim is about 18 years. There are several contradictions in the statement of victim and the FIR version. The statement of victim has been recorded under Sections 180 and 183 BNS, in which the allegation of rape has been levelled against co-accused Saleem. There is no direct role of the applicant in the alleged crime. Hence, bail has been prayed for. 6. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Aamir 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. September 24, 2025 v.k.updh. BAIL No. 23119 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad