HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 13207 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard Shri Somin Singh, learned counsel for the applicant, learned AGA for the State, Ms Pooja Yadav, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No. 49 of 2024, under sections 376(AB) IPC and Sections 5/6 POCSO Act, P.S. Jankipuram, District Lucknow. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that daughter of the informant aged about 10 years was playing when the applicant enticed her and committed wrong on her. In her statement under Section 161 Cr.P.C. the victim stated that the applicant was talking rubbish and no allegations of rape was levelled. In the statement under Section 164 Cr.P.C. she stated that the applicant was lying on her after removing her clothes and he could not go any further. The medical on record does not corroborate the allegation of rape and hymen is also found to be intact. 4. Learned AGA and learned counsel for the informant have opposed the bail application. 5. Considering that there is no material to suggest penetrative sexual assault as defined under Section 3/5 POCSO Act, however, without commenting upon the merits of the case, the applicant who is in jail since Versus Counsel for Applicant(s) : Pramendra Verma, Kaushlendra Pratap Singh, Somin Singh Counsel for Opposite Party(s) : G.A., Raj Kumar Singh, Sheelu Verma Shri Kishan .....Applicant(s) State Of U.P. Thru.Addl. Chief Secy. Deptt. Of Home And 3 Others .....Opposite Party(s) 16.2.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Shri Kishan 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 12, 2025 J. K. Dinkar BAIL No. 13207 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench