Neutral Citation No. - 2025:AHC:27498 Court No. - 84 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44520 of 2024 Applicant :- Harvir Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Shiromani Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Ram Shiromani Yadav, the learned counsel for the applicant and Shri Ashwini Kumar, the learned AGA-I for the State. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 234 of 2024, under Sections 76, 351(2) B.N.S. & 9M/10 of P.O.C.S.O. Act registered at Police Station Hayatnagar, District- Sambhal. 3.The aforesaid case has been registered on the basis of F.I.R. lodged on 15.10.2024 alleging that when the informant was coming back alongwith his daughter and niece after getting medicine for her daughter at about 08:00 PM on 08.10.2024, the applicant, who is the son of the informant's uncle pulled Duppatta of the informant's daughter and he tried to drag her inside his house by holding her hand. The informant and his daughter both cried whereupon several persons of the locality gathered and saw the incident. 4. In the statement of the victim recorded under Section 180 of BNSS, she stated that while she was returning after taking medicine for her sister, the applicant, who is her uncle, pulled her Duppatta and thereafter she went to her sister. She stated that the applicant had not molested her and he had not dragged her insider his house. She stated that only her elder sister was present with her at the time of incident. 5. The other girl who is said to accompanying the victim at the time of the incident, stated in her statement recorded under Section 180 BNSS, that the applicant had pulled the Duppatta of the victim and dragging her insider his house and when they cried, the informant and other persons reached there. 6. In the statement of the victim recorded under Section 183 of BNSS, she made a similar statement. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has no criminal history and he has been falsely implicated in the present case on account of a property dispute. 8. Learned A.G.A. has informed that information of the present bail application has been delivered to the informant on 12.02.2024. However, no one has put in appearance on behalf of the informant/victim to oppose the bail application. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the as per the FIR version, the informant was accompanying the victim at the time of the incident whereas the victim and the other girl accompanying her have not said so; that the victim has stated in her statement under Section 180 BNSS that the applicant had not tried to molest her and there are severe discrepancies in the statements of the victim and the informant's, as also in the statement of the victim recorded under Section 180 and 183 BNSS, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Harvir be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . [Subhash Vidyarthi, J.] Order Date :- 27.2.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad