HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 10999 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None appears for respondent no. 2 despite notice. 2. The applicant seeks enlargement on bail in FIR No. 345 of 2025, under sections 65(2), 352, 351(3) BNS, under sections 5(m)/6 POCSO Act, P.S. Kharighat, District Bahraich. 3. Learned counsel for the applicant argues that in terms of FIR lodged on 26.7.2025 it was alleged that on 18.7.2025 the grand daughter of the informant alongwith her friend aged about 6 and 8 years were playing when the applicant enticed them and took them to a room and after removal of their clothes has put his tongue to private parts and when they cried the victim could somehow be saved. In the light of the said allegations learned counsel for the applicant argues that a civil dispute with respect to property is going on in between the parties, a copy of the plaint is on record. The victim has refused to undergo medial examination. FIR was lodged about about 8 days of the alleged incident. Although the allegations are serious the fact remains that the applicant is aged about 55 years and civil dispute is going between the parties. The refusal of the victim to undergo medial examination fortify the case of false prosecution at the instance of the applicant. 4. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Vivek Shukla Counsel for Opposite Party(s) : G.A. Sunil Kumar Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And 3 Others .....Opposite Party(s) 5. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicant who is in jail since 20.9.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Sunil Kumar Tiwari 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 14, 2025 J. K. Dinkar BAIL No. 10999 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench