HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 7204 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. 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. 2. The applicant seeks enlargement on bail in FIR No.537 of 2024, under Sections 115(2), 65(2) of BNS and Section 5(M)/ 6 of POCSO Act, Police Station Tadiyawan, District Hardoi. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about 11 years had gone out of home when the applicant caught hold her and started doing wrong on her, however, she shouted, the applicant ran away. In the statement under Section 180 of BNSS, the victim stated that the applicant tried to remove her cloths and committed wrong on her and when she shouted, the applicant ran away, however, in the statement under Section 183 of BNSS, the victim levelled the allegation of penetrative sexual assault. The medical on record does not corroborate the allegation. No injury was found on the internal and external part even the hymen was found to be intact. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Although the victim is around 11 years, even the medical on record does not indicate any sign of penetrative sexual assault as defined under Versus Counsel for Applicant(s) : Umesh Chandra Chaturvedi, Aditya Kumar, Anita Counsel for Opposite Party(s) : G.A. Shivakant .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s) Section 3/5 of the POCSO Act and considering the fact that the applicant has no criminal antecedents and is languishing in jail since 05.10.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 6. Let the applicant Shivakant 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. December 3, 2025 akverma BAIL No. 7204 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench