HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11975 of 2025 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.205 of 2025, under Section 65(2) of BNS and Section 5M/ 6 of POCSO Act, Police Station Panchpedawa, District Balrampur. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 7 years was playing when the applicant 65 years caught hold her and touched inappropriately on her private parts. No allegation of rape was levelled. In the statement under Sections 180 and 183 of BNSS, the victim did not alleged the offence of penetrative sexual assault as defined under Section 3/5 of POCSO Act. The medical on record does not corroborate the allegation, although, the hymen was found to be old torn. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the FIR allegation as well as two statements, there is no allegation of penetrative sexual assault as defined under Section 3/5 of POCSO Act coupled with the fact that the applicant is aged about 72 years and the applicant is in custody since 72 years and is languishing in jail since 17.10.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Irfan Alam Counsel for Opposite Party(s) : G.A. Mumtaj Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Mumtaj Ali 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. December 2, 2025 akverma BAIL No. 11975 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench