HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 3229 of 2025 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.518 of 2022, under Section 342, 354Kha, 504, 363, 376, 511 IPC & Section 5/6 of POCSO Act, P.S. Mallawan, District Hardoi. 3. In terms of the FIR it was alleged that on 29.11.2022 daughter of the informant aged about 3 years was going to her grandparents' home when the applicant caught hold of her with an intent to commit wrong and subsequently, it was revealed that the applicant had removed the underpant of the victim. 4. Initially, the FIR was lodged under Section 354 IPC. Subsequently, during trial the offence under Section 376 IPC was added. In view thereof, counsel for the applicant draws my attention to the medical report on record which does not indicate any injury and the hymen was also found to be intact. 5. In the light of the said, it is argued that the applicant is being falsely prosecuted. Age of the applicant is around 23 years and he has no criminal antecedents. 6. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Arjun Singh Somvanshi Counsel for Opposite Party(s) : G.A. Sanu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Lko. And 3 Others .....Opposite Party(s) 7. Considering the medical on record which prima-facie does not indicate the offence under Section 3/5 of POCSO Act and in the worst case, can be said to be an offence under Section 7/8 of POCSO Act which is punishable for a term less than five years coupled with the fact that the applicant has no criminal antecedents, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Sanu 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. November 3, 2025 nishant BAIL No. 3229 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench