Neutral Citation No. - 2025:AHC-LKO:17468 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12924 of 2024 Applicant :- Kuldeep Kushwaha @ Mani Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others Counsel for Applicant :- O.P. Tiwari Counsel for Opposite Party :- G.A.,Ana Fatma,Mohd. Salman,Mukhtar Ahamad Hon'ble Subhash Vidyarthi,J. 1. Heard Sri O.P. Tiwari, learned counsel for the applicant, Sri Mohd. Salman, learned counsel for the informant as well as Sri Rajiv Kumar Verma, learned A.G.A. for the State and perused the records. 2. This bail application is filed seeking release of the applicant on bail in Case Crime No. 147 of 2024, under Sections 323, 504, 506, 376 I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station- Fatehpur Chaurasi, District- Unnao. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 18.05.2024 against nine persons, including the applicant and his family members/relatives on the basis of an application under Section 156(3) Cr.P.C., stating that the accused persons were trying to take forcible possession on the informant's land and all of them had beaten her on 07.12.2023. Case Crime No. 408/2023, under Sections 452, 323, 504, 506 I.P.C. was lodged in this regard against four persons including the applicant. Since then the accused persons were pressurizing her to enter into a settlement. The applicant dragged the informant's minor daughter to a vacant house at about 7:00 pm on 10.12.2023, disrobed her and put a finger in her vagina. When the informant objected against it, all the accused persons had beaten her and threatened her. 4. In the affidavit filed in support of bail application it has been stated that the applicant is a innocent persons and he has been falsely implicated in the present case due to a property dispute between the parties. Co-accused Awadesh has lodged an F.I.R. No. 407 of 2023, under Sections 147, 452, 323, 504, 506 I.P.C., Police Station- Fatehpur Chaurasi, District- Unnao against the informant, the victim and other family members. 5. Learned counsel for the applicant has submitted that all other co-accused persons have been granted bail by the Sessions Court. 6. The State has filed a counter affidavit annexing therewith copies of the material collected during investigation as well as a copy of the charge-sheet dated 07.11.2024. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that a property dispute is pending between the parties due to which F.I.R.s have been lodged at earlier occasion by both of them; that except for the statement, there is no other material to support the allegations and that all the co-accused persons have already been granted bail; that the applicant is languishing in jail since 06.11.2024 whereas investigation stands concluded 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- Kuldeep Kushwaha @ Mani 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. (Subhash Vidyarthi, J.) Order Date :- 26.3.2025 Gurpreet Singh Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench