HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4721 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Ms. Mrigakshi Naman, Advocate holding brief of Mr. Hemant Kumar Mishra, learned counsel for the applicant as well as learned AGA for the State. However, no one has put in appearance on behalf of the informant. 2. The accused-applicant seeks bail in FIR/Case Crime No.391 of 2024 under Sections 65(2), 352, 351(3), 115(2) BNS and Section 5/6 of POCSO Act, P.S.- Dubagga, District- Lucknow. 3. In terms of the FIR, it was alleged that on 14.11.2024, the applicant who was a van driver of the school van, misbehaved with the daughter of the informant, aged about five years. No allegation of rape was made. However, in the statement of victim, it was alleged that the applicant tried to insert his hand in the inner-wear of the victim. Medical on record indicates that no injury was present however tenderness was present on the private part of the victim. It is further argued that even if for the sake of arguments, allegations are treated to be correct, the same would not form penetrative sexual assault as defined under Section 5/6 of POCSO Act and in the worse case scenario, it would only constitute an offence under Section 7/8 of the POCSO Act. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and the medical on record, and there being no evidence of penetrative sexual assault coupled with the fact that the applicant is in custody since 18.11.2024 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. Versus Counsel for Applicant(s) : Hemant Kumar Mishra, Abhishek Mishra, Arti Ganguly Counsel for Opposite Party(s) : G.A. Nitin Dixit .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 3 Others .....Opposite Party(s) 6. Let the applicant- Nitin Dixit be released on bail in aforesaid FIR/Case Crime Number subject to her 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. 4721 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench