HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11449 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. Sri O. P. Tiwari appears for the informant. 2. The accused-applicant seeks bail in FIR/Case Crime No.0271 of 2025 under sections 352, 351(3), 65(2) BNS and section 5(m)/6 POCSO Act and section 3(2)(v) SC/ST Act, P.S. Safipur, District Unnao. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 8 years had gone to the shop of the applicant wherein the applicant caught her and inserted his private part in her mouth. In the statement under section 183 BNSS, the victim stated that the applicant had inserted his hand in her mouth. The victim has refused to undergo the medical examination. 4. Considering the statement under section 183, prima-facie, no allegation of penetrative sexual assault as defined under section 3/5 POCSO Act can be said to be made and the offence under section 7/8 POCSO Act is punishable for a term up to five years, as such, the applicant who is in custody since 03.07.2025 is entitled to bail. Thus the bail application is allowed. 5. Let the applicant Nausad Ali 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 to the satisfaction of the court concerned with the following conditions: Versus Counsel for Applicant(s) : Dharmendra Kumar Misra, Shashin Srivastava, Swatantra Dev Counsel for Opposite Party(s) : G.A., O.P. Tiwari Nausad Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) (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. 6. The effort shall be made by the trial court to conclude the trial expeditiously. November 26, 2025 VNP/- BAIL No. 11449 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench