HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 2623 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. No one appears for the opposite party No. 2, despite service notice. 2. The applicant seeks enlargement on bail in FIR No. 998 of 2024, under Sections 75(2)(i), 65(2), 109, 352, 351(3) B.N.S. and Sections 9(m)/10 3m/6, POCSO Act, P.S. Fatehpur, District Barabanki. 3. Learned counsel for the applicant argues that in terms of the FIR it was alleged that on the date of the incident, the daughter of the informant, aged about 10 years, was caught hold of by the applicant, and he touched her inappropriately. Somehow similar statement was given by the victim also. However, the victim refused to undergo a medical examination. 4. Learned AGA has opposed the bail application. 5. Considering the statements, as well as the FIR in question, the material to suggest penetrative sexual assault, as defined under Section 3 upon 5 of the POCSO Act, is apparently missing; Sections 7 and 8 of the POCSO Act are punishable for a term of 5 years only, in view thereof, the applicant, who is in custody since 7/12/2024 and has no criminal history, without commenting upon the merits of the case, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Inamuddin be released on bail in aforesaid FIR Versus Counsel for Applicant(s) : Mohd. Imran Khan Counsel for Opposite Party(s) : G.A., Anand Kumar Srivastava, Arvind Kumar Shukla, Ram Kumar Singh Inamuddin .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Opposite Party(s) number on 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. October 30, 2025 A.Nigam BAIL No. 2623 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench