Neutral Citation No. - 2025:AHC:71649 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2459 of 2025 Applicant :- Vipin Kumar Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ranjit Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Ranjit Kumar Yadav, learned counsel for the applicant, Sri Yagyavalk Pandey, 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, Vipin Kumar Yadav, seeking enlargement on bail in Case Crime No. 386 of 2024, under Sections 137 (2), 74, 87, 96, 142, 143, 351 (3) BNS and Section 3/4 POCSO Act as well as Section 3 (2) (5) SC/ST Act, Police Station Rasoolabad, District Kanpur Dehat. 3. The allegation made in the FIR is that on 14.09.2024, the daughters of first informant and their friends have been missing when they went to Sanidev Temple for Darshan and they have not returned back to their houses. 4. 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 19.09.2024. 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. Learned counsel for the applicant submits that the applicant is not named in the FIR. All the girls were recovered by the police and all the girls were sent for medical examination to the District Hospital. All the four girls refused for their internal medical examination. The statements of the victims were recorded under section 180 BNS, in which the main victim has stated that she is aged about 19 years and she was major at the time of incident and she went to Haryana with her own consent and she is in a love relationship with the applicant and she has been married with him on 16.09.2024 at Haryana and other three victims also went to Haryana on their own sweet and free will. As per the statement recorded under Sections 180 and 183 BNS, it appears that the main victim is consenting party and she went to Haryana on her own consent, it appears that she is a consenting party. The applicant has not committed any crime as alleged in the FIR. 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, Vipin Kumar Yadav, 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 :- 2.5.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad