Neutral Citation No. - 2025:AHC-LKO:35170 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5240 of 2025 Applicant :- Janak Verma @ Bhagat Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Ashok Kumar Srivastava,Avinash Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Power filed on behalf of complainant/opposite party no. 2 by Shri Abhay Pratap Verma, Advocate is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A for the State of U.P., as well as learned counsel for the complainant/opposite party no. 2 and perused the record. 3. The instant bail application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.043 of 2025, under Sections 333, 351(1), 352(2) and 65(2) B.N.S. and Section 5M/6 POCSO Act, Police Station- Kandhai, District- Pratapgarh. 4. As per the prosecution case, the victim, aged abut 4 years, was molested by the applicant by giving bad touch on her genital part. 5. Learned counsel for the applicant submits that the applicant is an innocent person aged about 85 years and and he is in jail since 02.04.2025. The applicant has been falsely implicated in the present case at the behest of one Kalimuddin as Kalimuddin was insisting the applicant for selling of his land of Gata Nos.449-450 situates at village Itwa, Tehsil Patti, District Pratapgarh to him. It is further submitted that when the applicant denied for selling of his land, said Kalimuddin insisted complainant for lodging of the FIR and the FIR in question was lodged. 6. Learned counsel for the applicant submits that the incident is alleged to have taken place on 20.02.2025 but the F.I.R. was lodged on 05.03.2025 on the written complaint of father of the victim and the delay has not been explained. It is further submitted that statement of the victim has been recorded under Section 183 B.N.S.S. in which she has stated that she is studying in Class-III. It has been further submitted that it is highly improbable that a four years' old child is studying in Class-III. Learned counsel for the applicant further submits that the charge-sheet has already been filed and there is no possibility of tampering of any evidence. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 7. Learned A.G.A. as well as learned counsel for the complainant vehemently opposes the prayer for grant of bail to the applicant. 8. On asking a specific question about the age of the victim, learned counsel for the complainant has stated that as per the FIR which was lodged by father of the victim the victim is aged about 4 years and he does not dispute the deposition of the victim recorded under Section 183 B.N.S.S. in which she has stated that she is studying in Class-III. 9. Considering the rival submissions of learned counsel for the applicant, learned A.G.A. as well as learned counsel for the complainant and going through the contents of FIR as well as other relevant documents, including the statement of the victim and the medico-legal report, I am of the view that the applicant is entitled to be released on bail. 10. Let the applicant- Janak Verma @ Bhagat, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions: (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 10.6.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench