Neutral Citation No. - 2025:AHC-LKO:21064 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3133 of 2025 Applicant :- Umesh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Uttam Kumar Awasthi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Uttam Kumar Awasthi, learned counsel for the applicant, Ms. Nikita Mishra, learned Additional Government Advocate for the State, and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.0385 of 2024, under Sections 65(2)/351(3) B.N.S. and Sections 5(M)/6 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Madhoganj, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.12.2024, stating that while the informant's 7 years old daughter and 6 years old niece had gone to play in a Gonda (hutment) near their house, the applicant, who is 35 years old son of the informant's uncle, came there and sexually assaulted those girls. When the girls stated that they would tell about the incident to their mothers, the applicant threatened them. The girls told about the incident to their elder sister on 14.12.2024 and thereafter the information reached the informant and the FIR was lodged. 4. In the statement of the victim aged 7 years recorded under Section 180 B.N.S.S., she said that when she and her cousin had gone to the Gonda, the applicant was present there. He said that a fire had broken in a hut upon which both of them went along with the applicant to see the fire. The victim has alleged that the applicant molested her. In the statement of other victim recorded under Section 180 B.N.S.S., she stated that she and her cousin had gone to the Gonda where the applicant was present and he molested her. 5. In the statement of the victim aged 7 years recorded under Section 183 B.N.S.S., she added that the applicant had removed her undergarment as also his own undergarment and had touched his private part with her private part. She stated that the applicant had taken off the underwear of the other victim also. In the statement of other victim recorded under Section 183 B.N.S.S., she gave a similar version. 6. Statements of the informant, his wife, his brother, and brother's wife recorded by the investigating officer have also been annexed with the affidavit filed in support of the bail application. 7. It has been stated in the affidavit filed in support of the bail application that the applicant is innocent and he has no criminal history. It has been further stated that the applicant has been falsely implicated because of a property dispute between the parties regarding which a compromise was entered into on 25.11.2020. 8. The learned Additional Government Advocate has vehemently opposed the bail application and she has submitted that as per the FIR versions the victims are merely 7 years and 6 years and as per their medico-legal examination reports their ages are 6 years and 4 years respectively. Both of them have supported the FIR version. The allegations are serious in nature which have been established during investigation and a charge- sheet has been submitted on 21.01.2025. Learned Additional Government Advocate has submitted that keeping in view he aforesaid facts the applicant is not entitled to be released on bail. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is the informant's cousin and uncle of the victims; the allegations levelled are of such a nature as cannot be ascertained by medico-legal examination report; the incident allegedly took place on 13.12.2024, but the FIR has been lodged on 15.12.2024; the FIR alleges the place of incident to be Gonda, the first victim stated that the applicant had taken away both the victims from the Gonda to show a fire that had broken out in some Madaiya, whereas the other victim said that the place of incident was Gonda itself; in the statement of the first victim recorded under Section 180 B.N.S.S., she did not allege commission of any misdeed with the other victim, whereas both the victims were present together; both the parties belong to the same family and there is an old property dispute between them; the investigation already stands concluded; the applicant has no criminal history, he is languishing in jail since 16.12.2024 and without making any observation, which may affect merit of the trial, I am of the view that there is sufficient ground for enlargement of the applicant on bail. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Umesh be released on bail in the aforesaid 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, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 15.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench