Neutral Citation No. - 2025:AHC:66409 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3224 of 2025 Applicant :- Javed Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Pankaj Kumar Mishra, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant Javed, seeking enlargement on bail in Case Crime No. 329 of 2024, under Section 74 of the Bharatiya Nyaya Sanhita, 2023, and 9M/10 Protection of Children from Sexual Offences Act, 2012, Police Station-Bharthana, District-Etawah. 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 25.12.2024. Learned counsel for the applicant submits that a First Information Report has been lodged on 17.12.2024 with the allegation that on 13.12.2024, the daughter of the first informant namely Km. Divyanshi, went to the shop of the applicant for repairing of chain of her jacket where the applicant has misbehaved with the victim and bite on her breast. Learned counsel for the applicant submits that the First Information Report has been lodged with a delay of four days without any plausible explanation. Learned counsel for the applicant submits that the real fact is that on the date of incident the victim came to the shop of the applicant and during repairing of the chain the victim has sustained injury by the tool used for repairing of chain. In the medical report the Doctor has opined as' Abrasion size of 1x0.5 cm. present over left side of chest 2 cm above nipple. Brownish black swab seen.' There is no opinion of biting. 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 has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the fact that the applicant has no criminal antecedents. 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, Javed, 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. Order Date :- 29.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad