HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8259 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for the informant despite notice. 2. The applicant seeks enlargement on bail in FIR No.328 of 2024, under sections 333, 65(1) BNS, Section 3/4 POCSO Act, Section 3(2)(V) SC/ST Act, P.S. Purwa, District Unnao. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 4.11.2024 daughter of informant aged about 13 years was at home when the applicant entered and committed wrong on her. In the statement under Section 180 BNSS the victim stated that her clothes were removed and the applicant started doing wrong and when she shouted the applicant ran away. In her statement under Section 183 BNSS specific allegation of penetrative sexual assault was levelled. Medical on record does not corroborate the allegations and even the hymen was found to be intact and no external injuries were seen. 4. Learned AGA has opposed the bail application. 5. Considering that although the tentative age of the victim is around 12 years considering the medical on record prima facie allegations of penetrative sexual assault as defined under Section 3/5 POCSO Act are not corroborated. The offence under Section 7/8 POCSO Act are punishable for a term of 5 years. Considering the medical on record, Versus Counsel for Applicant(s) : Harish Chandra Yadav, Ajit Pratap Singh, Lalit Kumar Saxena Counsel for Opposite Party(s) : G.A. Akash @ Ghanti .....Applicant(s) State Od U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) however, without commenting upon the merits of the case, the applicant who is in jail since 23.11.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Akash @ Ghanti 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. December 12, 2025 J. K. Dinkar BAIL No. 8259 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench