HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12033 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.542 of 2024, under Sections 115(2), 351(3), 65(2), 79 of BNS and Section 5M/ 6 of POCSO Act, Police Station Madiyaon, District Lucknow. 3. In terms of the FIR, allegations were levelled that the daughter of the informant aged about 10 years was playing outside the home when the applicant enticed her and inappropriately touched her and threatened her. No allegation of rape was levelled. In the statements under Sections 180 and 183 of BNSS, the victim did not made any allegation of penetrative sexual assault. The only allegation was of removing the cloths and behaving inappropriately. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the statements and the medical report not, which does not indicate any assertion to corroborate the penetrative sexual assault as defined under Section 3/5 of the POCSO Act and the fact that the applicant has no criminal antecedents and is languishing in jail since 11.09.2024, I am of the view that the applicant is entitled to be released Versus Counsel for Applicant(s) : Arjun Singh Kalhans, Desh Mitra Anand, Prateek Rawat Counsel for Opposite Party(s) : G.A. Ram Sagar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) on bail. Accordingly, the bail application is allowed. 6. Let the applicant Ram Sagar 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. December 5, 2025 akverma BAIL No. 12033 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench