HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9483 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Ajai Kumar Srivastava, learned counsel for the applicant, Sri Mayank Prakash Rawat, learned counsel for the informant, Sri Ashutosh Srivastava, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.20 of 2025, under Sections 75, 126(2), 351(2) B.N.S., 2023 and Section 9M/10 of POCSO Act, Police Station Fatehpur Sikri, District Agra, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have outraged the modesty of the two victims enroute from the school to their house on 28.01.2025 at about 11:00 a.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The allegations are per se false. Even the statements of the two victims V1 and V2 have been recorded in court as PW-1 and PW-2 and the only allegation that has been taken up against the applicant is that he had caught hold of the hand of victim V1 only. 6. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 01.02.2025 and he is ready to cooperate with trial. In case, the applicant is Versus Counsel for Applicant(s) : Ajai Kumar Srivastava Counsel for Opposite Party(s) : G.A., Jai Raj, Mayank Prakash Rawat, Surendra Kumar Mukesh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) released on bail, he will not misuse the liberty of bail. 7. Learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application on the ground that the offence of the applicant is of mental depravity and he himself is a youth about 18 years old and he has committed the said offence and he brands clout in the locality as he had posted certain indecent photographs on Facebook branding a country-made pistol, which indicates that he might tamper with evidence in future. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the allegations levelled by the two victims regarding outraging the modesty of victim V1 and the age of the applicant, and without expressing any opinion on the merits of the case, prima-facie the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Mukesh, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall be present at Police Station- Fatehpur Sikri, District Agra on the first Monday of every month and the said presence shall be recorded by the S.H.O. concerned. (ii) The applicant shall not tamper with evidence during trial. (iii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iv) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. 12. It is directed that the aforesaid case pending before the trial court be decided expeditiously as early as possible in view of the principle as has BAIL No. 9483 of 2025 2 been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. September 23, 2025 (Ravi Kant) BAIL No. 9483 of 2025 3 (Krishan Pahal,J.) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad