Neutral Citation No. - 2025:AHC:35354 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47370 of 2024 Applicant :- Kishan And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Upendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Upendra Kumar Mishra, learned counsel for the applicants, Sri Amrit Lal Chaurasiya, learned AGA for the State-respondents and perused the record. 2. This bail application under Section BNSS has been moved on behalf of accused-applicant, Kishan and Raj Kumar, seeking enlargement on bail in Case Crime No. 440 of 2024, under Section 74 BNS and 7/8 Protection of Children From Sexual Offences Act, Police Station Ahirauli Bazar, District Kushinagar. 3. The allegation made in the FIR is that on 04.11.2024 at about 5:00 p.m., when the daughter of first informant grazing the goat in the field, the applicant No. 1 Kishan and one unknown person caught the arm of her and tried to outrage her modesty. 4. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this case crime number and are languishing in jail since 26.11.2024. They have no criminal antecedent and there are no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicants submit that the the incident took place on 04.11.2024 at 17:00 O'clock and its FIR has been lodged on 10.11.2024 at 16:25 O'clock without given any explanation for delay in lodging the FIR. It is further submitted that there are various contradictions in the statement of the victim said to have been recorded under Section 180 & 183 BNS. No such incident has taken place, nor there is any direct or indirect scientific evidence in support of the prosecution story. The applicants have not committed any offence as alleged in the FIR. The applicants were falsely implicated in the present case only to make pressure upon the applicants on the instruction of the opposite party. Hence, bail has been prayed for. 5. Learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicants, Kishan and Ra Kumar Kannaujiya, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants 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. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 10.3.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad