HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8264 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Bhup Chandra Singh, the learned counsel appearing on behalf of the applicant as well as Shri Manish Kumar Pandey, the learned A.G.A. appearing on behalf of the State and Shri Rakesh Kumar, Advocate, who has put in appearance on behalf of the complainant by filing his vakalatnama, which is taken on record. 2. The instant application has been filed by the applicant seeking his release on bail in F.I.R./Case Crime No.469 of 2024, under Sections 354/323/506/504 I.P.C. and Sections 7/8 of POCSO Act registered at Police Station- Gola, District- Lahimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.07.2024, against six persons including the applicant, stating that the accused persons are the neighbours of the informant and they harassed the informant and her parents day in and day out, because of their obscene activity, the informant stopped going to the school. On 25.05.2024, the accused persons entered the informant's house at about 10:00 p.m., molested her, tried to rape her and tore her clothes. The informant suffered injuries in the incident and the accused persons abetted her to commit suicide. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that the applicant No. 1 had torn her clothes. A quarrel had taken place between her mother and the accused persons. Her mother made a telephone call to the informant's Mama, who came there and saved her. The informant stated that no misdeed was committed against her. Even in the medico-legal examination, the informant stated that no misdeed was committed against her and the doctor opined that there were no signs of Versus Counsel for Applicant(s) : Bhup Chandra Singh, Rajesh Kumar Anand Counsel for Opposite Party(s) : G.A., Rakesh Kumar Amit Saxena And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) use of force. 5. In the statement of victim recorded under Section 183 of B.N.S.S., she stated that quarrels have taken place between accused persons and the informant's father on several occasions. On the date of incident, the accused persons had quarreled with her mother and they had caught her hand and tore away her clothes. She stated that even though she has raised hue and cry for help, no person from the vicinity came to her rescue. 6. The Investigating Officer has recorded statements of some independent witnesses, who stated that there is old enmity between the parties and a civil suit is pending between them. They stated that other allegations levelled in the F.I.R. are false. 7. In the affidavit filed in support of the bail application it has been stated that the applicants are innocent having no criminal history and they have been falsely been implicated in the present case. 8. The learned A.G.A. has opposed the prayer for bail and submitted that the allegations have been established during the investigation and only thereafter, charge sheet has been submitted against the applicant. 9. Learned counsel for the complainant has also opposed the bail application, and he has submitted that the victim in the present case is a minor girl and she has supported the FIR allegations in her statement. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the statements, from which it transpires that there is animosity between the parties, who are neighbors, and quarrels keep on erupting between them; the victim has stated that all the accused persons tried to rape her, whereas the accused persons belong to the same family, that the father and son are also included in the array of the accused persons; it is highly improbable that members of a family, including father and son, would try to commit rape together; the victim has categorically stated that no misdeed has been committed against her, and that the co-accused Anil Gupta has been granted anticipatory bail, the applicants have no criminal history and they have been languishing in jail since 6/8/2025, whereas the investigation already stands concluded, I am of the view that the applicants are entitled to be released on bail. 11. Accordingly, the bail application is allowed. 12. Let the applicants- Amit Saxena and Sumit Saxena alias Anil Saxena be released on bail in the case registered under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on each of BAIL No. 8264 of 2025 2 them furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the Magistrate/Court concerned subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court, unless their appearance is exempted by the learned trial court. September 2, 2025 A.Nigam BAIL No. 8264 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench