HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11793 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. None has appeared for the informant despite notice. 2. The applicant seeks enlargement on bail in FIR No. 307 of 2024, under sections 65(2), 87 BNS, Sections 5M/6 POCSO Act, Sections 3(2)(V) SC/ST Act, P.S. Harchandpur, District Raebareli. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that on 16.9.2024 the applicant came on an auto and took daughter of informant aged about 6 years in the auto on pretext of taking her for general visits and then he took her to a separate place and after removing her clothes lied on him and starting doing wrong and when the victim started weeping he ran away. In her statement under Sections 180 and 183 BNSS the victim stated that wrong was also committed after lying on her. Medical on record does not corroborate the allegations. No injury was found on the internal parts of the victim and even the hymen was found to be having no abnormality. 4. Learned AGA has opposed the bail application. 5. Considering the medical on record which does not corroborate the the allegation of penetrative sexual assault and there being no specific statement of the victim alleging penetrative sexual assault as defined under Section 3/5 POCSO Act, however, without commenting upon the Versus Counsel for Applicant(s) : Sandeep Kumar Srivastava, Krishna Mohan Mishra Counsel for Opposite Party(s) : G.A. Mayankesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. And 3 Others .....Opposite Party(s) merits of the case, the applicant who is in jail since 17.9.2024 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Mayankesh be released on bail in aforesaid FIR 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. December 5, 2025 J. K. Dinkar BAIL No. 11793 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench