HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30871 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. As informed by learned A.G.A., notice to the informant has been served on 05.09.2025 but none is present on behalf of the informant even in the revised call. 2. Heard Sri Arun Kumar Tripathi, learned counsel for the applicant and Sri V.K.S. Parmar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 258 of 2025, under Sections 74, 126(2) of BNS and Section 7/8 of POCSO Act, Police Station Bar, District Lalitpur, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have outraged the modesty of the victim on 18.07.2025 at about 8:30 a.m. while she was going to school. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. 6. Learned counsel has next stated that the FIR is delayed by five days and there is no explanation of the said delay caused. There is no injury report to corroborate the prosecution story, as such the applicant is entitled for bail. 7. There is no criminal history of the applicant. The applicant is languishing in jail since 25.07.2025 and he is ready to cooperate with Versus Counsel for Applicant(s) : Arun Kumar Tripathi Counsel for Opposite Party(s) : G.A. Bharat Ahirwar .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merit of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Bharat Ahirwar, 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 not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall 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. September 17, 2025 Sumit S BAIL No. 30871 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad