HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 1266 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA for the State; Ms. Manjusha Kapil, learned counsel for the informant and perused the record. 2. The applicant seeks enlargement on bail in FIR No.225 of 2024, under Section 74, 76, 352, 351(2), 65(1) BNS & Section 3(2)/4 of POCSO Act, P.S. Fatanpur, District Pratapgarh. 3. In terms of the FIR allegations were levelled that daughter of the informant aged about 15 years had gone out of home when the applicant who was present outside the home, started misbehaving with her; no allegation of rape was levelled. However, in the statements under Section 180 & 183 BNSS, the victim alleged that finger was inserted in the private part. Medical report on record does not corroborate the allegation; even hymen was found to be intact. 4. Learned AGA has opposed the bail application. 5. Considering the huge variance in the FIR version and the two statements and the medical not corroborating the allegation of penetrative sexual assault as defined under Section 3/5 of POCSO Act, the applicant who is in custody since 16.10.2024 and has one minor case of criminal antecedents, is entitled to be enlarged on bail. In view thereof, the application is allowed. Versus Counsel for Applicant(s) : Shailendra Kumar Tiwari, Priyam Mishra, Vivek Chandra Tripathi Counsel for Opposite Party(s) : G.A., Manjusha Kapil Devi Prasad @ Saddhu .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Devi Prasad @ Saddu 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. November 18, 2025 nishant BAIL No. 1266 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench