HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11072 of 2024 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. No one appears for the informant despite notice. 2. The accused-applicant seeks bail in FIR/Case Crime No.130 of 2024 under sections 354, 375Ga, 376 IPC and section 5M/6 POCSO Act, P.S. Kotwali Akbarpur, District Ambedkar Nagar. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about seven years had gone out of home, when the applicant caught hold of her and misbehaved with her, subsequently, he ran away. No allegation of rape were levelled. In the statement under section 161 and 164 Cr.P.C., the only assertion was made that, private parts were touched. The medical on record indicates the hymen was found to be intact. Even before the doctor, the statement was given that an attempt was made but nothing was done. 4. Considering the medical on record and the two statements, prima-facie, the offence appears to be under section 7/8 POCSO Act and not under section 3/5 POCSO Act. In view thereof, the applicant who is in custody since 16.03.2024 and has no criminal history is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Dinesh be released on bail in aforesaid FIR/Case Crime Versus Counsel for Applicant(s) : Sher Bahadur Yadav, Girish Kumar Pandey Counsel for Opposite Party(s) : G.A., Anuruddh Prasad, Pradeep Kumar Yadav Dinesh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) Number subject to his furnishing a personal bond and two reliable sureties of Rs.20,000/- (Twenty Thousand) each of the like amount 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. October 15, 2025 VNP/- BAIL No. 11072 of 2024 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench