HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41271 of 2025 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Shiva Kant Dubey, learned counsel for the applicant, Sri B.P. Singh, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 246 of 2025 under Sections 115(2), 351(2) BNS and 5(M)/6 POCSO Act registered at Police Station Narkhi, District Firozabad during pendency of the trial. 3. It has been argued by learned counsel for the applicant that applicant has been falsely implicated in this case as the allegations made in the FIR do not find corroboration with the medico-legal report of the victim. It is further submitted that statement of the victim, aged about nine years, cannot be believed as tutoring cannot be ruled out. It is further submitted that applicant has no criminal history and he has been languishing in jail since 14.8.2025. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant and submits that FIR has been lodged promptly and the medico-legal examination of the victim was conducted on the same day and abrasion has been found on his rectal area. Learned AGA submits that notice has been served on the first informant. 5. As per allegations in the FIR, applicant is said to have been committed penetrative sexual assault on the victim boy who is aged about nine years, however, as per medico-legal report, though there is abrasion on his rectal area, no spermatozoa has been found and there is no other evidence regarding commission of the said offence. Applicant has no criminal history and he has been languishing in jail since 14.8.2025. Versus Counsel for Applicant(s) : Shiva Kant Dubey, Surya Prakash Dubey Counsel for Opposite Party(s) : G.A., Jyoti Singh Puspendra Alias Arun Kumar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 7. Let the applicant Puspendra Alias Arun Kumar involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 14, 2026 Madhurima BAIL No. 41271 of 2025 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad