HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8998 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. I.A. No. 4 of 2025 1. Heard learned counsel for the applicant, learned AGA, Shri Santosh Kumar Srivastava, learned counsel for the informant and perused the record. 2. The short bail application was filed by the applciant, however, he does not want to press the application and submits that the same may be dismissed as not pressed. 3. Dismissed accordingly. Order on Bail Application 4. The applicant seeks enlargement on bail in FIR No.0604 of 2025 under sections 65(2) BNS and 53/6 POCSO Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar. 5. Learned counsel for the applicant argues that in terms of the FIR, it was alleged that on 06.08.2025 at about 4:30 PM, the daughter of the informant aged about seven years was enticed away and after removing her clothes, wrong was committed on her and thereafter the accused ran away. The statement of victim aged about seven years under Section 180 BNSS is on record, wherein she stated that wrong was committed on her. Versus Counsel for Applicant(s) : Dinesh Kumar, Mohammad Kajal Counsel for Opposite Party(s) : G.A., Santosh Kumar Srivastava Atal Bihari Vishwakarma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 3 Others .....Opposite Party(s) In her statement under Section 183 BNSS, the victim did not alleged the commission of offence of penetrative sexual assault as defined in the Section 3/5 of the POCSO Act. The medical report on record does not corroborate the allegation of any penetrative sexual assault. No injury was found on the inner part of the vagina and hymen was also found to be intact. 6. Learned AGA has opposed the bail application. 7. Considering the facts and circumstances including the fact that there is no material to indicate the commission of penetrative sexual assault as defined under Section 3/5 of the POCSO Act and in the worst, Section 7/8 of the POCSO Act would apply, which is punishable for a term of five years and without commenting upon the merits of the case, the applicant who is in jail since 09.08.2025 and has no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Atal Bihari Vishwakarma 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 15, 2025 Raj BAIL No. 8998 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench