HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33643 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Anand Kumar Tiwari, learned counsel for the applicant, Shri Uma Dutt Shukla, learned counsel for the first informant, and Shri Purshottam Maurya, learned A.G.A. representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Lavkesh, seeking enlargement on bail in Case Crime No. 326 of 2025, under Sections- 137 (2), 87, 351 (3), 64 (1) B.N.S. and 3/4 of POCSO Act, Police Station-Sadar Bazar, District-Agra. 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 17.06.2025. First Information Report has been lodged on 13.06.2025, by the first informant namely Parmal Singh, against the applicant and Ajab Singh, with the allegation that the applicant has enticed away the minor daughter of the first informant on 11.06.2025 and when the first informant reached to the home of the applicant his father threatened him for dire consequences. Learned counsel for the applicant submits that the victim in her statement under Section 180 BNSS has stated that she herself has gone with the applicant and the applicant has done nothing wrong with her, whereas, she in her statement under Section 183 BNSS has given tutored statement. Learned counsel for the applicant submits that there are contradiction in the statement of the victim. The victim herself has denied from her medical examination. He further submits that the victim herself has stated her age as 17 years and 9 months which may be with variation of two years either way. The applicant 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. Versus Counsel for Applicant(s) : Anand Kumar Tiwari Counsel for Opposite Party(s) : G.A. Lavkesh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Learned AGA as well as learned counsel for the first informant have vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those 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, Lavkesh, 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. October 6, 2025 Deepak/ BAIL No. 33643 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad