HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11907 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.0821 of 2025, under Section 65(2) BNS & Section 5(m)/6 of POCSO Act, P.S. Kotwali Nagar, District Barabanki. 3. In terms of the FIR, allegations were levelled that daughter of the informant aged about 8 years had gone to the shop of the applicant on 29.08.2025 when the applicant showed her some inappropriate videos and started misbehaving with her and touched her inappropriately on the private part. A similar statement was given under Section 180 BNSS. Subsequently, the victim refused to undergo internal medical examination. The affidavits of independent persons are on record which demonstrate that the informants were used to harassing various people on false pretext. 4. Learned AGA has opposed the bail application. 5. Without going into the said affidavits, in terms of the FIR and the two statements, there is no allegation of penetrative sexual assault as defined under Section 3/5 of POCSO Act. In view thereof coupled with the fact that the victim has refused to undergo medical examination, the applicant who is in custody since 31.08.2025 is entitled to be enlarged on bail. In view Versus Counsel for Applicant(s) : Vinod Kumar Maurya, Vikas Maurya, Vinod Kumar Srivastava Counsel for Opposite Party(s) : G.A. Ramesh Chandra Sharma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) thereof, the application is allowed. 6. Let the applicant Ramesh Chandra Sharma 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 5, 2025 nishant BAIL No. 11907 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench