Neutral Citation No. - 2025:AHC-LKO:22972 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3422 of 2025 Applicant :- Rajesh @ Rajesh Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Anothers Counsel for Applicant :- Mandeep Kumar Mishra,Vaibhav Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Mandeep Kumar Mishra, learned counsel for the applicant, Sri Jayant Singh Tomar, learned Additional Government Advocate-I 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. 331 of 2024, under Sections 65(2) B.N.S. and Section 5m/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Sandila, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.10.2024 alleging that the informant's wife was admitted to hospital for the past about 25 days. The informant had sent his 7 years old daughter to fetch some goods from the applicant's thela at about 3.00 p.m. on 18.10.2024 the applicant molested her. When the informant asked his daughter to get some more goods on the date of occurrence she disclosed the incident. 4. In the statement of the victim recorded under Section 180 BNSS she stated that her mother had sent her to get grams. The shopkeeper called her inside the shop, touched her private part and kissed her on the cheek. After going back she had told it to her mother who told it to her father. 5. The medico legal examination report of the victim does not contain anything of any significance. 6. In the statement of the victim recorded under Section 183 BNSS she reiterated her earlier version. The radiological examination report of the victim shows the age of the victim to be about 6 years. 7. In the affidavit filed in support of 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. 8. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 24.11.2024. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. alleges that the informant had sent his daughter to fetch some goods from the applicant's thela, whereas the victim says that her mother had sent her to get grams and the applicant had called her inside his shop; that the F.I.R. shows that the incident occurred on 18.10.2024 and the victim has disclosed it to the informant on 21.10.2024, whereas the victim says that she had told about the incident to her mother on 18.10.2024 itself and her mother had told it to her father (the informant); that the applicant has no previous criminal history and he is languishing in jail since 27.10.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, 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-Rajesh @ Rajesh Kumar 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 :- 23.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench