HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30521 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard Sri Mohd. Aamir, learned counsel for the applicant, Mohd. Amish, learned counsel for the first informant, Sri Arimardan Yadav, 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, Ashmit, seeking enlargement on bail in Case Crime No. 226 of 2025, under Sections 64 (1), 61 (2), 123 BNS and Section 3/4 POCSO Act as well as Section 67A I.T. Act, Police Station Shalimar Garden, District Ghaziabad. 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 16.05.2025. 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. As per the First Information Report, the incident was taken place about three months ago with the allegation that a girl namely Kashish visited the house of the informant. On that day, when the informant was not there, Kashish called the applicant at the house of Informant where applicant was present and after intoxicated the victim, he had committed rape upon the victim and made video clip viral. 5. Learned counsel for the applicant submits that the FIR was lodged after three months without giving any explanation. It is submitted that after Versus Counsel for Applicant(s) : Mohd Aamir Counsel for Opposite Party(s) : Mohd Amish, G.A. Ashmit .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) lodging the FIR, the Investigating Officer brought the victim for medical examination, wherein she refused for the same. During the course of investigation, the Investigating Officer has arrested the co-accused-Kashish, from whom a mobile phone was recovered in which the objectionable video in question was recovered. It is further submitted that applicant was in consensual relations with the victim. It is next submitted that the applicant has not committed any crime as alleged in the FIR. The applicant has neither intoxicated the victim nor had committed rape upon her. It is further submitted that no ossification test of victim was conducted to ascertain the age of the victim. It is further submitted that Investigating Officer has made faulty investigation and submitted the charge sheet against the applicant. Thus, application is liable to be granted bail. 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, Ashmit 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 BAIL No. 30521 of 2025 2 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. 30521 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad