Neutral Citation No. - 2025:AHC:87134 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5482 of 2025 Applicant :- Satyabhan Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Prem Narayan Singh,Raghubir Singh Counsel for Opposite Party :- Chandra Prakash,G.A.,R.P.S. Chauhan,Sudhanshu Pratap Singh Hon'ble Ram Manohar Narayan Mishra,J. 1. Counter affidavit filed by learned counsel for the informant is taken on record. 2. Heard Sri Anil Srivastava, learned senior advocate assisted by Sri Prem Narayan Singh, learned counsel for the applicant, Sri Chandra Prakash, learned counsel for the informant and learned A.G.A. for the State. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant,Satyabhan Singh, seeking enlargement on bail in Case Crime No.326 of 2024, under Sections 75(2), 352, 351 (3) of the Bharatiya Nyaya Sanhita, 2023 and 9E/10 Protection of Children From Sexual Offences Act (POCSO), Police Station Fatehabad, District Agra. 4. According to the prosecution version, the accused applicant, who is Manager of Netaji Himmat Singh Inter College Bhlokhara, called the victim (minor) aged around 15 years in his office on 26.12.2024 at 12.00 hours on the pretext that his maternal uncle/informant sat in his office. As soon as the victim reached at his office, he closed the door and touched her with bad intention and started indecent activities anyhow she came out. 5. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this very case crime number at the instance of some dispute going on between the accused-applicant and M.L.A. who is relative of the informant. The M.L.A. is owner of the many schools. He made pressure upon the applicant to provide the facility of cheating in the examinations. When the applicant did not pay heed to his pressure, he has been falsely implicated in this case with the help of the complainant. He next submitted that there is improvement in the statement of the victim recorded under Section 180 B.N.S.S. and 183 B.N.S. The offence is triable by Magistrate. The applicant is in jail since 13.01.2025 i.e. for more than four months. He has explained his criminal history of one case through supplementary affidavit which is not serious in nature. Bail order has been filed with the supplementary affidavit.There is no likelihood of his fleeing away from course of justice or tampering with evidence in case of release on bail. The maximum sentence provided for the offence is seven years' imprisonment and fine. 6. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail and submitted that allegations against the applicant are serious in nature. He misused his position as head of the Institution and tried to molest the minor. 7. Having heard the submissions of learned counsel for the parties, considering the nature and seriousness of the charge and the quantum of sentence in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, long incarceration of the applicant, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. 8. Let applicant Satyabhan Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:- (i) 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. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. (vi) He will not try to contact the victim or informant in any manner whatsoever. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. Order Date :- 22.5.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad