HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10586 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. 2. The accused-applicant seeks bail in FIR/Case Crime No.152 of 2025 under Sections 65(2) B.N.S and 5 (m)/6 of POCSO Act, P.S.- Kotwali Tanda, District- Ambedkar Nagar. 3. In terms of the FIR, it was alleged that the daughter of the informant, aged about 5 years, was enticed away by the applicant, thereafter, wrong was committed on her. In the statements record under Sections 180 and 183 BNSS, she could not give proper statements due to her age. In the medico-legal examination report, no injury was found. Hymen was also intact and normal. 4. In the light of the said, submission of learned counsel for the applicant is that no material to prosecute the applicant for the offence of penetrative sexual assault as defined under Section 3/5 of POCSO Act is made out. In the worst case scenario, the offence could be under Section 7/8 POCSO Act will make out. 5. Learned AGA has opposed the bail application. 6. Considering the facts and circumstances and the post-mortem Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Himanshu Singh Counsel for Opposite Party(s) : G.A. Razzab Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) report, prima facie, material to allege the offence of penetrative sexual assault as defined under Section 3/5 of POCSO is apparently missing coupled with the fact the applicant is in custody since 20.05.2025 and has no previous criminal antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant- Razzab Ali be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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. October 31, 2025 V. Sinha BAIL No. 10586 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench