Neutral Citation No. - 2025:AHC-LKO:14060 Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10971 of 2024 Applicant :- Rohit Modanwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Vilas Janardan Moghe,Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Vivek Kumar Shukla, learned counsel for the applicant, Sri Ashok Kumar Singh, the learned A.G.A. 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. 0059 of 2024, under Sections 363, 376AB, 506 I.P.C. and Section 5M/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Raniganj, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged at 16.09. Hrs. on 06.03.2024 alleging that while a reception dinner was being hosted in the informant's house the applicant took away the informant's daughter aged about seven years at about 10.00 p.m. on 28.02.2024 and molested her. When the informant's daughter raised a hue and cry several villagers ran towards her and thus she could be saved. The medico legal examination report does not mention any injury on any part of victim's body. The pathological examination report mentions absence of spermatozoa in vaginal smear. 4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that after the incident, she had gone to her father and told him about the incident. In the statement of the victim recorded under Section 164 Cr.P.C. she stated that after the incident she had first gone to her uncle but she could not meet him, she had gone to his father. The victim's statement has been recorded by the learned trial court, wherein she stated that there was an old animosity between the applicant and her family members. 5. The State has filed a counter affidavit stating that the information of the present bail application has been sent to the informant. Copy of charge sheet dated 21.04.2024 has been annexed with the counter affidavit. 6. A rejoinder affidavit has been filed on behalf of the applicant annexing therewith a copy of chalani report dated 05.03.2024 submitted by the Sub Inspector of Police Station Raniganj to the Sub Divisional Magistrate, Raniganj stating that a quarrel had taken place between the applicant and the informant on 05.03.2024 about some dispute between children due to which both parties were challaned under Section 151/107/116 Cr.P.C. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that on 05.03.2024 both the parties were challaned because of mere minor altercation between children and thereafter on 06.03.2024 the F.I.R. has been lodged alleging sexual assault by the applicant on 28.02.2024; that the aforesaid allegation is not supported by medico legal examination report of victim; that the informant has stated that upon hearing hue and cry of the victim several villagers ran towards the spot of incident, whereas the victim stated that she herself had gone to her father and that in the statement of the victim recorded by the learned trial court she has disclosed an old animosity between the parties; that the applicant has no previous criminal history and he is languishing in jail since 23.08.2024 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. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Rohit Modanwal 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 :- 7.3.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench