Neutral Citation No. - 2025:AHC-LKO:16440 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12566 of 2024 Applicant :- Shailendra Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dheeraj Awasthi,Bimal Kumar,Raja Ram Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Dheeraj Awasthi, learned counsel for the applicant, Shri Ravi Srivastava, 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.574 of 2024, under Sections 65(2), 74, 351(3) B.N.S. & Section 5 (m)/6 of P.O.C.S.O. Act registered at Police Station- Kotwali, District- Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.08.2024 stating that the informant, who is aged 13 years, was sleeping near the boundary wall of the police office in the night of 17.08.2024 alongwith her brother. The applicant used to sell tea at that place and he started molesting the informant. The informant opposed the applicant and woke up her brother whereupon the applicant ran away while threatening them. The site plan prepared by the Investigating Officer shows the place of occurrence to be near the boundary wall of police office and in the affidavit filed in support of the application it has been stated that the office is of Superintendent of Police which remains open 24 hours. 4. In the statement of the informant recorded under Section 180 B.N.S.S., she stated that normally she sleeps in the salon shop but on the date of incident, she was sleeping in the applicant's tea shop. She stated that when the applicant started disrobing her, she had cried whereupon her brother woke up but thereafter he again slept. The informant again woke-up her brother and sat at some distance. The informant's brother supporter her version in his statement. The medico-legal examination report does not record any finding which may support the allegation. 5. In the statement of the informant recorded under Section 183 B.N.S.S., she added that the applicant had inserted a finger inside her vagina. 6. In the affidavit filed in support of the 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. 7. Learned A.G.A. has opposed the bail application and on the basis of written instructions stated that the information of the present application has been delivered to the informant through police. Learned A.G.A. has submitted that besides statement of the informant and her brother, statement of any other person has not been recorded by the Investigating Officer. The investigation stands concluded and a charge-sheet has been submitted on 15.09.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident is alleged to have taken place on 17.08.2024 just outside the office of the Superintendent of Police but no person had witnessed the incident; that the FIR has been lodged after a delay of three days and that besides the statement of the informant and her brother, who was sleeping at the time of incident, there is no material to support the FIR allegations coupled with the fact that the applicant has no criminal history, he is languishing in jail since 24.08.2024 and the investigation already stands completed, 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. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Shailendra Singh be released on bail in the aforementioned 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. . [Subhash Vidyarthi, J.] Order Date :- 21.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench