HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9496 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed by learned counsel for the informant is taken on record. 2. Heard learned counsel for the applicant, Shri Devashish Bhatt, learned counsel for the informant as well as learned AGA for the State. 3. The accused-applicant seeks bail in FIR/Case Crime No.306 of 2025 under Sections 65(2), 351(3) B.N.S and 5(m)/6 of POCSO Act, P.S.- Motipur, District- Bahraich. 4. In terms of the FIR, it was alleged that the daughter of the informant, aged about 8 years was playing when the applicant took her in a four- wheeler and removed her inner garments. However, when she started crying, he ran way. Similar statement was given under Section 180 BNSS. However, in the statement recorded under Section 183 BNSS, the allegation of insertion of finger was made. The victim has refused to undergo medico-legal examination. 5. In the light of the said, submission of learned counsel for the applicant Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A., Devashish Bhatt, Vivek Verma Subhan Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 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. 6. Learned AGA has opposed the bail application. 7. Considering the fact that the victim has refused to undergo medico- legal examination, 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 aged about 60 years and is in custody since 12.06.2025 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. 8. Let the applicant- Subhan 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 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 V. Sinha BAIL No. 9496 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench