Neutral Citation No. - 2025:AHC:141512 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5375 of 2025 Applicant :- Daruram Vishwkarma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Nanhe Lal Tripathi Counsel for Opposite Party :- G.A. Hon'ble Santosh Rai,J. 1. From perusal of the ordersheet, it appears that notice has been served personally upon the informant but none appears for the informant. 2. Heard learned counsel for the applicant, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 B.N.S.S. has been moved on behalf of accused-applicant, Daruram Vishwkarma, seeking enlargement on bail in Case Crime No.368 of 2024, under Sections 75, 351(3) B.N.S. and Section 9m/10 & 11/12 Protection of Children From Sexual Offences Act, 2012, Police Station Talbehat, District Lalitpur. 4. Learned counsel for the applicant argued that the accused- applicant is shikshamitra and has been working for 18 years. He has been falsely implicated in this very case crime number due to school politics. He further submitted that statement of the victim has been recorded under Section 180 and 183 B.N.S.S. wherein she has only stated that the accused-applicant catched the hand of victim and sat on his lap and kissed her lips. He further submitted that chargesheet has already been filed in this case. The applicant is languishing in jail since 23.10.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 5. Learned AGA has vehemently opposed the prayer for bail and submitted that applicant has committed heinous crime. 6. Section 11/12 Protection of Children From Sexual Offences Act, 2012 reads as under:- "11. Sexual harassment.—A person is said to commit sexual harassment upon a child when such person with sexual intent,— (i) utters any word or makes any sound, or makes any gesture or exhibits any object or part of body with the intention that such word or sound shall be heard, or such gesture or object or part of body shall be seen by the child; or (ii) makes a child exhibit his body or any part of his body so as it is seen by such person or any other person; or (iii) shows any object to a child in any form or media for pornographic purposes; or (iv) repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other means; or (v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act; or (vi) entices a child for pornographic purposes or gives gratification therefor. Explanation.—Any question which involves "sexual intent" shall be a question of fact. 12. Punishment for sexual harassment.—Whoever, commits sexual harassment upon a child shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine." 7. I have perused the relevant record in the light of submission made by learned counsel for the accused/applicant and learned A.G.A. and considering all above facts and circumstances, the nature of accusations, severity of the punishment and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 8.Accordingly, the bail application is allowed. 9. Let the accused-applicant, Daruram Vishwkarma involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 19.8.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad Digitally signed by :- ASHA High Court of Judicature at Allahabad