Neutral Citation No. - 2025:AHC-LKO:13558 Court No. - 7 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1332 of 2025 Applicant :- Suresh Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Sectt. Lko And 3 Others Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J. 1. Supplementary affidavit and objection filed today are taken on record. 2. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 3. This is the second bail application. The first bail application was rejected vide order dated 25.09.2024. 4. Perused the report dated 03.03.2025, which indicates that all the major witnesses have been recorded and the matter is fixed at this stage of Section 313 Cr.P.C. 5. While arguing the second bail application, the counsel for the applicant argued that all the fact witnesses including the Medical Officer has already been examined. The allegation as per the statement of the victim on record indicates or alleges that the applicant was guilty of inserting his hand in the inner-wear of the victim. The Medical report on record does not indicate or corroborate the allegation of penetrative sexual assault. She further argues that the applicant is languishing in jail since 19.08.2023 having no criminal history, as such, he may be enlarged on bail. 6. Learned A.G.A. opposed the bail prayer. 7. Considering the fact that the allegations are not with regard to penetrative sexual assault and the applicant is languishing in jail since 19.08.2023 having no criminal history and there is nothing on record to demonstrate that the applicant if enlarged on bail at this stage, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 8. Accordingly, the bail application is allowed. 8. Let the applicant Suresh Kumar be released on bail in FIR/ Case Crime No. 269 of 2023, under Sections 376/450 IPC and Section 5(M)/6 POCSO Act, Police Station Lambhua, District Sultanpur, on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. Order Date :- 5.3.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench