HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9718 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 complainant despite notice. 2. The applicant seeks enlargement on bail in FIR No.236 of 2025, under Section 70(2), 352, 131 BNS & Section 5g/6 of POCSO Act, P.S. Bhira, District Kheri. 3. In terms of the FIR it was alleged that when daughter of the informant aged about 12 years was alone at home the applicant allegedly called her and started misbehaving with her and also removed her clothes and when the grandparents came, he was caught. Subsequently, in the statement under Section 180 BNSS, the victim also corroborated the allegations in the FIR; no allegation of rape was levelled. However, in the statement under Section 183 BNSS there was subsequent improvement, however, once again there was no allegation of penetrative sexual assault. The medical on record also does not corroborate the allegation; the hymen was found to be intact. 4. In view of the said, submission of learned counsel for the applicant is that the offence in worst case scenario would attract Section 7/8 of POCSO Act and not Section 5/6 of POCSO Act. 5. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Aman Kumar Shrivastav Counsel for Opposite Party(s) : G.A. Ram Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Opposite Party(s) 6. Considering the medical report and the two statements, prima-facie, the allegation of penetrative sexual assault as defined under Section 3/5 of POCSO Act is missing; offence under Section 7/8 of POCSO Act is punishable for a term up to five years. In view thereof, the applicant who is in custody since 02.08.2025 and has no criminal antecedent is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Ram Kumar 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. October 10, 2025 nishant BAIL No. 9718 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench