HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9843 of 2025 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.152 of 2025, under Sections 65(2), 351(2) of BNS and Section 5/6 of POCSO Act, Police Station Dalmau, District Raebareli. 3. The FIR in question was lodged alleging that the daughter of the informant aged about 8 years was enticed by the applicant and subsequently, wrong was also committed on her and when the victim returned home, she informed the mother about the incident. Subsequently, the statement of the victim was recorded, wherein, she stated that wrong was done to her. A similar statement was given under Section 183 of BNSS. The medical on record does not corroborate any of the allegations. 4. Learned A.G.A. vehemently opposed the bail prayer and produced the medical report, wherein, it was recorded that no visible external or internal injury was seen at the time of examination. The mother of the victim refused the DNA examination which was proposed by the prosecution. 5. Considering the medical report not corroborating the allegations of Versus Counsel for Applicant(s) : Sushilendra Kumar Sahu Counsel for Opposite Party(s) : G.A. Shiv Kumar @ Babula .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s) penetrative sexual assault as defined under Section 3/5 of POCSO Act and the fact that the applicant has no criminal antecedents and is languishing in jail since 15.06.2025, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed . 6. Let the applicant Shiv Kumar @ Babula 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 3, 2025 akverma BAIL No. 9843 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench