HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2277 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned AGA for the State. 2. The accused-applicant seeks bail in FIR/Case Crime No.384 of 2021 under Sections 376AB, 504 IPC and 5(m)/6 of POCSO Act, P.S.- Vihar, District- Unnao. 3. In terms of the FIR, it was alleged that the daughter of the informant, aged about 3 years, was playing outside when she was taken by the applicant to his house and was molested by him. In the statement record under Section 161 Cr.P.C., informant did not make any allegation of penetrative sexual assault. However, in the statement recorded under Section 164 Cr.P.C., victim therein stated that finger was inserted in her private part. The medico-legal examination report indicates redness in the private part, however, no bleeding was present. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances and the huge variance in the statements recorded under Sections 161 and 164 Cr.P.C., 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 in custody since 25.12.2021 and has no previous criminal Versus Counsel for Applicant(s) : Gulam Mustafa Counsel for Opposite Party(s) : G.A. Kishan Kumar Jatav .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And 3 Others .....Opposite Party(s) antecedent, I am of the view that the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant- Kishan Kumar Jatav 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 to the satisfaction of the 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 17, 2025 V. Sinha BAIL No. 2277 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench