HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11400 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.366 of 2024, under Sections 127(2), 65(2) of BNS and Section 5(m)/ 6 of POCSO Act, Police Station Mall, District Lucknow. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 5 years was caught hold by the applicant and taken her at his home and misbehaved with her. Subsequently, in the statement under Section 180 of BNSS, the allegation of inappropriate behaviour was made. No allegation of rape was levelled. The victim refused to undergo medical examination. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the fact that there is no material to implicate the applicant for penetrative sexual assault as defined under Section 3/5 of POCSO Act and the fact that the applicant aged about 60 years has no criminal antecedents and is languishing in jail since 15.12.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. Versus Counsel for Applicant(s) : Dharmendra Kumar, Santosh Kumar Giri Counsel for Opposite Party(s) : G.A. Gaya Prasad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home And 3 Others .....Opposite Party(s) 6. Let the applicant Gaya Prasad 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. 11400 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench