HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44614 of 2024 Court No. - 65 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. List revised. None appears on behalf of informant despite service of notice. 2. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. The applicant is the sole accused who is named in the F.I.R. In the F.I.R. the informant alleges that her daughter aged about one and half year had gone to Aanganbadi for her studies and after leave the applicant scratched on her private part, on her screams the teacher of Aanganbadi and informant's mother-in-law reached there and tried to catch the applicant but he fled away by hurling abuses and extending threats. Learned counsel further submits that the alleged incident is stated to be occurred on 27.08.2024 whereas the F.I.R. with regard to the same incident has been lodged after two days, i.e., 29.08.2024, without there being any plausible explanation of delay. In the external medical examination of the victim no external injury was found on her person whereas for her internal examination the mother of the victim has denied and in this regard the statement of concerned doctor is on the record which is the part of case diary in which it has been stated that there was no external injury found on her person and her mother has refused for her internal medical examination. The two workers of the said Aanganbadi on the query made by the DPRO concerned provided information in writing by stating that in their Aanganbadi children from three to six years are allowed for their studies and the victim who is aged about one year and nine months has never come their centre and they have also stated that they have not seen the alleged incident. Thus, learned counsel argued that the applicant has been implicated in the case due to village rivalry with false and frivolous allegation, when infact no such incident took place and there is no eye witness of the alleged incident. Several other submissions in order to demonstrate the falsity of the Versus Counsel for Applicant(s) : Sudhir Kumar Srivastava Counsel for Opposite Party(s) : G.A. Dilip Dubey .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 30.08.2024, having no criminal history. 4. Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. 5. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 6. Let the applicant-Dilip Dubey, be enlarged on bail in Case Crime No. 0171 of 2024, under Sections 65(2), 352, 351(3) of B.N.S. and Section 5m/6 of Protection of Children From Sexual Offences Act, Police Station- Jansa, District- Varanasi, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit any offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 7. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. October 14, 2025 Mustaqeem. BAIL No. 44614 of 2024 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad