HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29492 of 2026 Court No. - 66 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Saurabh Yadav, counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail during trial in Case Crime No. 136 of 2026, under Sections 65(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 5(m) / 6 of the Protection of Children from Sexual Offences Act, 2012, Police Station Sadar Bazar, District Meerut. 3. Counsel for the applicant submitted that as per the prosecution story, the applicant was residing on first floor while the family of the victim was residing on the ground floor six months back and during that time the applicant sexually assaulted the victim aged about 6-7 years old. Counsel for the applicant submitted that the FIR itself was lodged after 6-7 months. No date and time of the incident has been mentioned in the FIR. It is further submitted that there is serious contradiction in the statement of the victim recorded under Section 180 and 183 BNSS. It is further submitted that the medical examination report of the victim does not show any mark of injury or any sign of sexual assault. It is further submitted that the delay has not been properly explained in lodging the FIR. The correct fact is that the delayed FIR was lodged just to sort out the money dispute by the father of the victim with the applicant. It is further submitted that the applicant has no criminal history. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since Versus Counsel for Applicant(s) : Saurabh Yadav, Siddharth Mishra Counsel for Opposite Party(s) : G.A. Sandeep Kushwaha .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) 22.06.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties; taking into account the contradiction in the statement of the victim recorded under Section 180 and 183 BNSS; also taking into account the delay of about 6-7 months in lodging the FIR; coupled with the medical examination report of the victim and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed. 6. Let the applicant- Sandeep Kushwaha involved in the aforementioned 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, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be BAIL No. 29492 of 2026 2 verified by the court concerned before the bonds are accepted. 9. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 10. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant. 11. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or on e-prison portal and Trial Court via e-mode within 24 hours in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @ Peela Pahan and others Vs. State of Jharkhand and another, in Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026. October 1, 2026 CS/- BAIL No. 29492 of 2026 3 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad