Neutral Citation No. - 2025:AHC:73912 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1730 of 2025 Applicant :- Kundan Alias Raja Babu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dasarathi Das,Radhey Shyam Yadav,Sudhir Kumar Agarwal Counsel for Opposite Party :- Chandra Prakash Pandey,G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Radhey Shyam Yadav, learned counsel for the applicant, Sri Shashank Singh, Advocate, holding brief of learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNSS has been moved on behalf of accused-applicant, Kundan @ Raja Babu, seeking enlargement on bail in Case Crime No. 241 of 2024, under Section 3/4 POCSO Act, Police Station Kamalganj, District Farrukhabad. 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 11.11.2024. 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. 4. Learned counsel for the applicant submits that the incident took place on 08.11.2024 and its FIR was lodged on10.11.2024 without given any explanation for delay in filing the FIR. The prosecution story is totally false and frivolous. There are various contradictions in the statements of the victim said to have been recorded under Section 180 & 183 BNS. As per the medical examination report, no internal or external injury have been found on the body of the victim and doctor has opined that there is no clinical signs suggestive of any sexual and physical violence and the charge sheet has been filed on 27.12.2024. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 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, Kundan @ Raja Babu, 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 :- 6.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad