HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 33173 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Case called out in revised. None has put in appearance on behalf of the first informant despite service of notice. Heard Shri Raghvendra Sharan Tiwari, learned counsel for the applicant, Shri Pradeep Kumar, learned counsel for the first informant and Shri Arimardan Yadav, learned AGA, representing the State respondents. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Dileep Kumar, seeking enlargement on bail in Case Crime No. 167 of 2025, under Sections- 115 (2), 351 (3), 333, 65 (2) of BNS and 5/6 of Protection of Children from Sexual Offences Act, 2012, Police Station-Kaptangaj, District- Kushinagar. 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 21.05.2025. First Information Report has been lodged on 28.11.2024, with a delay of four days without any plausible explanation, in respect of an incident said to have occurred on 24.04.2025, against the applicant with the allegation that on the date of incident the applicant forcibly entered into the house of the first informant started molesting the minor daughter of the first informant and when the sister of the victim and the first informant tried to save her the applicant beat up the first informant by kick and fists due to which she sustained injuries and fled away from the spot. After some time the applicant again came to the house of the first informant with vermilion and tried to put it on victim's forehead. Learned counsel for the applicant submits that in the first information report only the allegation of molestation has been levelled. First informant in her statement has repeated the version of the First Information Report. There is contradiction in the statement of the victim under Section 180 and 183 B.N.S.S. 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. Learned learned AGA has 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. Versus Counsel for Applicant(s) : Raghavendra Sharan Tiwari Counsel for Opposite Party(s) : G.A., Pradeep Kumar Dilip Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Accordingly, the bail application is allowed. Let the accused-applicant, Dilip Kumar, 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 25, 2025 Deepak/ BAIL No. 33173 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad