HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1051 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.0545 of 2024 under sections 65(2), 137(2), 352, 351(2) BNS and section 5(m)/6 POCSO Act, P.S. Safdarganj, District Barabanki. 3. In terms of the FIR, it was alleged that on 02.11.2024, the daughter of the informant aged about 4 years was enticed by the applicant and rape was committed on her. The FIR was lodged on 22.11.2024. The medical on record of the victim does not corroborate the allegation and even the hymen was found to be intact. 4. Considering the medical on record, prima-facie, the offence of penetrative sexual assault as defined under section 3/4/5 POCSO Act is apparently missing. In view thereof, the applicant who is in custody since 23.11.2024 and the criminal history of one case, arising out of the dispute in between the same parties, has been duly explained, the applicant is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Deepak Kumar be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount Versus Counsel for Applicant(s) : Farooq Ayoob, Mansi Gupta, Shashi Kant Tripathi Counsel for Opposite Party(s) : G.A. Deepak Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. And 4 Others .....Opposite Party(s) 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. October 29, 2025 VNP/- BAIL No. 1051 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench