HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11496 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. 97 of 2025, under sections 65(2), 76, 351(3), BNS, Sections 5M/6, 5N/6 and 9U/10 POCSO Act, P.S. Baghrai, District Pratapgarh. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that allegations were levelled that daughter of informant aged about 7 years was called by the applicant and finger was inserted in her private parts. Similar statement was given under Section 180 BNSS. Initially the medial examination was refused however in terms of directions given by the Chief Medical Officer medial examination of victim was done in which no injury was found and even hymen was found to be intact. 4. Learned AGA has opposed the bail application. 5. Considering the said medical prima facie there is no material to suggest penetrative sexual assault as defined under Section 3/5 POCSO Act, however, without commenting upon the merits of the case, the applicant who is in jail since 5.6.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Arif be released on bail in aforesaid FIR number on Versus Counsel for Applicant(s) : Alok Kumar Pandey Counsel for Opposite Party(s) : G.A. Arif .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 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. November 27, 2025 J. K. Dinkar BAIL No. 11496 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench