HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9421 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed by learned AGA is taken on record. 2. Heard learned counsel for the applicant as well as learned AGA for the State. Whereas, no one has put in appearance on behalf of the informant despite notice. 3. The accused-applicant seeks bail in FIR/Case Crime No.317 of 2025 under Sections 65(2) B.N.S and 5(m)/6 of POCSO Act, P.S.- Sandi, District- Hardoi. 4. In terms of the FIR, it was alleged that the daughter of the informant, aged about 6 years, had gone out of her home when the applicant, aged about 70 years took her towards the agricultural field and when she said that she will tell her mother, the applicant ran away. In the statement record under Sections 180 BNSS, the victim stated that she was taken by the applicant. Medico-legal report does not support the allegation of penetrative sexual assault. 5. In the light of the said, submission of learned counsel for the applicant 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. In the worst case scenario, the offence could be under Section 7/8 POCSO Act will make out. Versus Counsel for Applicant(s) : Vikas Sharma Counsel for Opposite Party(s) : G.A. Jagdish .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 6. Learned AGA has opposed the bail application. 7. Considering the facts and circumstances, medico-legal examination report, 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 70 years and is in custody since 02.07.2025 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- Jagdish 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. 9421 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench