Neutral Citation No. - 2025:AHC-LKO:23490 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3387 of 2025 Applicant :- Pappu Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Sudhir Kumar Pandey,Annapurna Agnihotri,Balwant Rai Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Ms. Annapurna Agnihotri, the learned counsel for the applicant, Sri Anshuman Verma, 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.019 of 2025, under Sections 70(1), 126, 351(3) and 352 B.N.S. and Sections 5(g)/6 Protection of Children from Sexual Offences Act, 2012, registered at Police Station Sursa, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.01.2025 against the applicant and one Amar Bahadur Yadav, stating that while the applicant's daughter aged 16 years was going to school at about 9 a.m. on 24.01.2025, the accused persons followed her on a motorcycle, they stopped her about one kilometer before the village, caught-hold of her hand and tried to pull her. 2-3 passersby challenged them whereupon the accused persons ran away. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. A supplementary affidavit has been filed on behalf of the applicant annexing therewith copy of charge sheet dated 07.03.2025 and corrected charge sheet issued on 10.04.2025 and the copies of material collected during investigation. 5. In the statement of the victim recorded under Section 180 B.N.S.S., she reiterated the FIR version. In response to a specific question put by the investigating officer whether any misdeed was committed by the accused persons, she categorically stated that they had just caught-hold of her hand and they had not committed any misdeed. 6. In the educational record, the date of birth of the victim is mentioned as 18.11.2007. In her statement recorded under Section 183 B.N.S.S., she altered her previous version and she stated that the accused persons had taken her inside a jungle. They had removed her lower clothes. They wanted to rape her, but they could not succeed. 7. The doctor, who has conducted medico-legal examination of the victim has stated that no fresh external injury was seen at the time of examination. It has also been submitted on behalf of the applicant that the co-accused Amar Bhadur Yadav has already been granted bail by this court by means of an order dated 17.04.2025, passed in Criminal Misc. Bail Application No.3202 of 2025. 8. The learned Additional Government Advocate has opposed the bail application and submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 07.03.2025. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident is alleged to have taken place at 9 a.m. on 24.01.2025 and the FIR was lodged on 26.01.2025 at 12.15 hours i.e. after more than 50 hours, yet the FIR only alleges that the applicant had caught- hold of the victim and it does not contain allegation that they had tried to rape her; initially the place of incident was said to be the roadside, whereas subsequently it has been changed to inside a jungle; the doctor has stated that there were no signs of injury on the body of the victim; the applicant has no criminal history and he is languishing in jail since 09.02.2025 and co- accused Amar Bahadur Yadav has already been enlarged on bail, whereas the investigation already stands concluded, 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Pappu 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 :- 24.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench