Neutral Citation No. - 2025:AHC:48905 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10402 of 2025 Applicant :- Sahib Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Raj Kumar Kesari Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Raj Kumar Kesari, learned counsel for the applicant, Sri Purushottam Maurya, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Sahib, seeking enlargement on bail in Case Crime No. 04 of 2025, under Sections 74, 126 (2) BNS and under Section 7/8 POCSO Act as well as Section 3 (2) (va) SC/ST Act, Police Station Hafijpur, District Hapur. 3. The allegation made in the FIR is that on 09.01.2025, at about 1:45 p.m., when the daughter of informant, aged about 13 years 8 months, was returning to her house from school, on the way, applicant and other co-accused persons humiliated and molested her as well as abused by caste and badly pulled her hair. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this case crime number and is languishing in jail since 11.01.2025. 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. Learned counsel for the applicant submits that there are major contradiction in the prosecution version and the statement of victim recorded under Section 18 and 183 BNSS. As per the Medical Examination Report, no external injury was found on the person of victim and the victim has also denied for external examination and the medical report does not support the prosecution version. The charge sheet has been filed only against the applicant. There is no independent eye witness of the alleged incident. According to the prosecution story, the incident took place on 09.01.2025, but in fact the school of the victim was closed since 01.01.2025 to 14.01.2025 due to severe cold at the order by the District Magistrate and the District Inspector of School, Hapur and on the basis of evidence available on record, no offence is made out against the applicant under the aforesaid sections. Hence, bail has been prayed for. 5. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction 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. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Sahib, 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. 9. 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 :- 4.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad