HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32906 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Rajendra Kumar Yadav, learned counsel for the applicant, Shri Vijendra Singh, learned AGA for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Vivek Patel Alias Babi, seeking enlargement on bail in Case Crime No. 123 of 2025, under Section 64 (1)M of the Bharatiya Nyaya Sanhita, 2023 and Section 5L/6, 3/4 POCSO Act and Added Section 64 (2) M, 87, 137 (2) BNS and Section 3 (2) (5) SC&ST Act, Police Station Kone, District Sonbhadra, during the pendency of the trial before the Court below. 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 29.5.2025. Learned counsel for the applicant submits that first informant has lodged an FIR with the allegation that applicant had enticed away her wife. Learned counsel for the applicant submits that victim is major. Victim in her statement recorded under Section 180 and 183 of BNSS has said that, she out of her own will, left her matrimonial home and lived with the applicant for some period and has stated that she wants to marry the applicant. She further said that she wants to live with the applicant and further said that prior to marriage with first informant, she had established physical relation with the applicant. 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. Hence, bail Versus Counsel for Applicant(s) : Rajendra Kumar Yadav Counsel for Opposite Party(s) : G.A. Vivek Patel Alias Babi .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) has been prayed for. Learned AGA has vehemently opposed the prayer for bail. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Vivek Patel Alias Babi , 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. September 24, 2025 Ravi Prakash BAIL No. 32906 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad