Neutral Citation No. - 2025:AHC:121727 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9313 of 2025 Applicant :- Ashu Opposite Party :- State Of Uttar Pradesh Through Its Home Secretary, U.P. Lucknow And 3 Others Counsel for Applicant :- Adarsh Srivastava,Rama Shankar Mishra,Reena Pal Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Counter affidavit filed today by learned AGA is taken on record. 2. Heard Sri Rama Shankar Mishra, learned counsel for the applicant and Ms. Ifrah Islam, learned State Law Officer and also perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 29 of 2025, under Sections 74, 76, 352, 351(2), 127(2) of BNS and Sections 7/8 of POCSO Act, Police Station - Arniya, District - Bulandshahr, during the pendency of trial. 4. As per prosecution story, the applicant and other co-accused persons are stated to have outraged the modesty of the minor sister of the informant, aged about 14 years, and even assaulted her causing injuries to her on 25.01.2025 at about 03:30 PM. 5. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. The FIR is delayed by about four hours and there is no explanation of the said delay caused. 6. Learned counsel has also stated that the allegations do not stand fortified by any medical evidence, although, two abrasions have been observed on the face of the victim. The applicant himself is a 21 years old youth. 7. Learned counsel has next contended that the applicant is languishing in jail since 29.01.2025, having no criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 8. Per contra, learned State Law Officer has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, nature of offence, severity of punishment, criminal antecedents of the applicant and also considering the medical report of the victim which do not corroborate the prosecution story, I find it a fit case to release the applicant on bail. The bail application is allowed. 10. Let the applicant- Ashu, 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 will not tamper with the evidence during trial. ii) The applicant will not pressurise/intimidate with the prosecution witnesses. iii) The applicant will appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. 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. Order Date:- 24.7.2025 Siddhant (Justice Krishan Pahal) Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad