Neutral Citation No. - 2025:AHC:90084 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16538 of 2025 Applicant :- Anupam Pandey Alias Lavi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Learned A.G.A. has informed that notice to the informant has been served on 19.5.2025. 3. Heard Sri Rakesh Dubey, learned counsel for applicant and Sri Sunil Kumar, learned A.G.A. for the State. 4. The present bail application has been filed by the applicant in Case Crime No.19 of 2025, under Sections 64/115(2) B.N.S. and 5(m)/6 POCSO Act, Police Station- Gujaini, District- Kanpur Nagar with the prayer to enlarge him on bail. 5. As per prosecution story, the applicant, who happens to be the music teacher of the victim, is stated to have committed rape with her by touching her in an inappropriate way in the school before 26.1.2025. 6. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The FIR is delayed as it has been instituted after three days of the information furnished to the mother of the victim and the incident is stated to be of two days prior to the said discovery by the mother of the victim, as such, it is a clear cut case of false implication. 7. Learned counsel for the applicant has further stated that there is no medical corroboration of the incident as her private part did not suffer any injury on it. There are only slight redness present on her private part and it can be caused by any modus. Learned counsel has stated that the applicant is not a music teacher rather he is a vocal teacher that too for classes 9th to 12th only, as such, he has nothing to do with the class of the victim, i.e. LKG. 8. It is further argued by learned counsel for the applicant that it is true that victim is four and half years old only, but the applicant has no access to her and the said fact stands fortified from the statement of teachers and mother-teacher of the school, which categorically says that all the children were taken to and fro toilets by the female staffs only. Learned counsel has stated that the applicant imparts the training to the students as vocal teacher on the second and third floor only and the class room of the victim is at ground floor. 9. Learned counsel for the applicant has placed much reliance on the letter given by the Principal of the school to the Investigating Officer whereby he has handed over the complete CCTV footage from 20.1.2025 to 30.1.2025, whereby nothing untoward has been observed in the footage. Learned counsel has also placed much reliance on the fact that there is a report which has been filed at page 54 of the bail application which indicates that CCTV camera has been installed at every nook and corner of the school and nothing has been observed in the CCTV footage, as such, the applicant is entitled for bail. 10. It is further argued by learned counsel for the applicant that the applicant has been falsely implicated in this case owing to the dispute between two institutions and the instant FIR has been foisted on him just to tarnish the image of the institution as it is a case of business rivalry. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 30.1.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 11. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that it was but natural for the school staffs to support their colleague as it is a matter of image and prestige of the institution which was put to stake and to save it they have not supported the prosecution story. 12. Learned A.G.A. has further argued that the victim is a baby aged about four and half years old only and she has sustained injuries on her private part as slight redness was present on her outer part of hymen, as such, the applicant is not entitled for bail. 13. After hearing learned counsel for the applicant as well as learned A.G.A. for the State and taking into consideration the age of the victim coupled by the fact that there was redness present on her private part, I do not find it a fit case for grant of bail to the applicant. 14. The bail application is found devoid of merits and is, accordingly, rejected. 15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.5.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad