HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9464 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed on behalf of the State is taken on record. 2. 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. 3. The applicant seeks enlargement on bail in FIR No.89 of 2025, under Sections 65(2), 115(2), 352, 351(3) of BNS and Section 5M/ 6 of POCSO Act and Section 3(2)v, 3(1)da, dha of SC/ST Act, Police Station Mahrajganj, District Rebareli. 4. In terms of the FIR, it was alleged that the daughter of the informant aged about 8 years had gone out of her home and while coming back, the applicant had beaten up them and also misbehaved with her. No allegation of rape was levelled. Similar statement was given under Sections 180 of BNSS, however, in the statement under Section 183 of BNSS, the allegations were levelled that the applicant had applied saliva on the private part of the victim. The medical on record does not indicate any injury and even the hymen was found to be intact. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the medical report, prima facie, the material to suggest the commission of offence of penetrative sexual assault as defined under Versus Counsel for Applicant(s) : Sachin Verma, Praveen Kumar Pandey Counsel for Opposite Party(s) : G.A. Guddu Naim .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) Section 3/5 of the POCSO Act is missing, as such, the applicant who is in custody since 01.05.2025 and has no criminal antecedents is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant Guddu Naim 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 27, 2025 akverma BAIL No. 9464 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench