HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32557 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri G.S. Chauhan, learned counsel for the applicant and Sri Dileep Kumar, learned counsel for the informant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 268 of 2025, under Sections 74, 78, 351(2) of BNS and Sections 7/8 of POCSO Act, Police Station - Sipri Bazar, District - Jhansi, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have outraged the modesty of the victim and had even given a love letter to her and had tried to force her to marry him. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The allegations are per se false as there is no time of offence mentioned in the FIR. Only date of giving the said love letter to the victim has been mentioned in the FIR. 6. Learned counsel has also stated that the FIR itself is delayed by about two days from the date of giving the said letter. It is argued that there is no recovery of any letter whatsoever by the Investigating Agency, as such, it is a clear cut case of false implication. There is no medical corroboration of the incident. 7. Learned counsel has next contended that the applicant is languishing in jail since 20.08.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned AGA and learned counsel for the informant have vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal Versus Counsel for Applicant(s) : Diwas Verma, G.S. Chauhan Counsel for Opposite Party(s) : Dileep Kumar, G.A. Prateek Upadhyay .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment and also considering the delay in lodging the FIR and there being no recovery of said letter, prima facie I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Prateek Upadhyay, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 6, 2025 Siddhant BAIL No. 32557 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad