HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12668 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.364 of 2024, under Sections 65(2) of BNS; Section 5M/6 of POCSO Act and Section 3(2)(V) of SC/ST Act, Police Station Sushant Golf City, District Lucknow. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 5 years was playing with her brother and sister and the applicant allegedly caught hold her and wanted to commit wrong on her. In the medical examination report, no injury was noticed and even the hymen was found to be intact. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. In view of the medical report, prima facie, the material to suggest penetrative sexual assault as defined under Section 3/5 of the POCSO Act is apparently missing and the offence as alleged would be under Section 7/8 of the POCSO Act, which is punishable for a term of five years. 6. Considering the aforesaid facts and the fact that the applicant no Versus Counsel for Applicant(s) : Manish Kumar Yadav, Aakanksha Shah, Archana Rawat, Pramod Kumar Singh, Rahul Kumar Kaushal Counsel for Opposite Party(s) : G.A., Diwakar Singh, Rahool Kumar Singh, Virendra Vikram Singh Mohd. Abul Alam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 3 Others .....Opposite Party(s) criminal antecedents and is languishing in jail since 27.07.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Mohd. Abul Alam be released on bail in the aforesaid first information report 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. November 3, 2025 akverma BAIL No. 12668 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench