HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30608 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. 1. Heard learned counsel for the applicant, learned counsel for the first informant, Sri Varun Pratap Singh, learned AGA for the State-respondents and perused the record. 2. This bail application under Section 483 BNS has been moved on behalf of accused-applicant, Sarik, seeking enlargement on bail in Case Crime No. 295 of 2025, under Sections 65 (2) BNS and Section 5M/6 POCSO Act, Police Station Deoband, District Saharanpur. 3. As per the allegation made in the FIR is that on 16.05.2025 at around 03 O'clock, when his minor daughter aged about 5 and 1/2 year was playing outside the house, Sarik (applicant) took his daughter to Nazims hut by luring and kissed her cheeks and gave his private part in her hands and when she screamed, the applicant ran away from there. 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 17.05.2025. 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. 5. Learned counsel for the applicant submits that the aforesaid FIR was lodge after the delay of almost 8 hours without giving any explanation for delay in lodging the FIR. It is submitted that the statement of victim was Versus Counsel for Applicant(s) : A.Z.Khan, Satyendra Narayan Singh Counsel for Opposite Party(s) : G.A., Saurabh Mishra, Vineet Singh Parmar Sarik .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) fully tutored and not reliable at all and both the alleged eyewitnesses are close relative of the victim. In fact the applicant had taken loan of Rs. 25,000/- from the applicant and when the applicant had made pressure for returning the same, some hot talk had been exchanged between them and due to this informant became annoyed and only for teaching a lesson to the applicant, he has cooked up this false story and implicated the applicant in the present case. There are several contradictions in the statements of victim and her mother as well as the FIR version. It is submitted that after completing investigation, the Investigating Officer has submitted charge sheet dated 13.06.2025. He place reliance upon a decision of the Hon'ble Apex Court reported in the case of Laxman Jangde vs. State of Chhattisgarh decided on 10th September, 2025, whereas in Para 7, the Apex Court observed as under: "what has come right from the beginning by way of complaint/FIR, subsequent deposition of the victim as also, the other witnesses, the so- called act of the appellant will come under the purview of Section 354 of the IPC and Section 9 (m) of the POCSO Act." In Para 8, the Apex Court further observed as under: "the direct allegation is of touching the private parts of the victim and also at the same time, the appellant touching his private organs. In such vies of the matter, we find that the conviction recorded under Section 376 AB of the IPC and under Section 6 of the POSCO Act, cannot be sustained". Hence, bail has been prayed for. 6. Learned AGA as well as learned counsel for the informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 7. 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. BAIL No. 30608 of 2025 2 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Sarik 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 24, 2025 v.k.updh. BAIL No. 30608 of 2025 3 (Ashutosh Srivastava,J.) Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad