HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1639 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. Despite service of notice, no one appeared on behalf of the complainant. 2. The applicant seeks enlargement on bail in FIR No.94 of 2023, under Sections 323, 363, 376A,B IPC and Section 5/6 of POCSO Act, Police Station Kotwali, District Unnao. 3. In terms of the FIR lodged under Section 363 of IPC, it was alleged that the daughter of the informant aged about 9 years had gone to school and thereafter went missing. Subsequently, she was recovered on the next day and subsequently, on the identification of the victim, the applicant was linked with the offence in question. In the statement under Section 161 of Cr.P.C., the victim stated that wrong was committed on her. The medical report does not indicate any injury and even the hymen was found to be intact. Thus, prima facie, the material to implicate the applicant under Section 5/6 of POCSO Act is not made out. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the fact that the applicant is in custody since 09.02.2023 and has no criminal antecedents and although the age of the victim is 9 years, the material to suggest the alleged penetrative sexual assault as defined under Section 3/5 of the POCSO Act is missing, I am of the view Versus Counsel for Applicant(s) : Gulam Mustafa Counsel for Opposite Party(s) : G.A., Dhruvendra Kumar Singh Najakat Ali .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home, Lko. And Others .....Opposite Party(s) that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Najakat Ali be released on bail in the aforesaid first information report on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each 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 25, 2025 akverma BAIL No. 1639 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench