HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1002 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.158 of 2020, under Sections 376 IPC and Sections 3/4 POCSO Act, P.S. Kotwali Nagar, District Barabanki. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant aged about 3 years was crying and when asked she pointed towards the private parts and apprehension was expressed that the applicant has committed the offence of rape against the child. The medical report on record does not indicate any injury and the hymen was found to he intact. In the light of the said allegations the submission of learned counsel for the applicant is that no case for any penetrative sexual assault as defined under Section 3/5 POCSO Act is made out. It is argued that in the worst case scenario the offence can be said to be under Section 7/8 of POCSO Act. 4. Learned A.G.A. for the State points out that only four witnesses have been examined thus prima facie there is no likelihood of conclusion of trial in near future. 5. Considering the substantial pre trial detention undergone by the applicant of more than five and half years and medical prima facie not Versus Counsel for Applicant(s) : Ashok Kumar Singh, Ashish Kumar Tiwari Counsel for Opposite Party(s) : G.A. Aman Gautam .....Applicant(s) State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And 3 Others .....Opposite Party(s) corroborating the allegations of offence under Section 3/5 POCSO Act, however, without commenting upon the merits of the case, the applicant who is in jail since 1.3.2020 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Aman Gautam be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of 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. October 30, 2025 J. K. Dinkar BAIL No. 1002 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench