HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 5784 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The accused-applicant seeks bail in FIR/Case Crime No.63 of 2024 (ST No.1216 of 2024) under section, 363, 376D IPC and section 5 GM/6 POCSO Act, P.S. Rahimabad, District Lucknow. 3. In terms of the FIR, it was alleged that the daughter of the informant aged about ten years went missing. Subsequently, it was informed that the applicant had taken her and tried to throttle her and committed wrong on her. In somewhat similar statement was given by the victim under 161 and 164 Cr.P.C., wherein she disclosed her age as 12 years. The medical on record does not corroborate the penetrative sexual assault and the hymen was found to be intact, although abrasions were present on the private part. 4. Considering the medical report on record, prima-facie, the case against the applicant cannot be said to be under section 3/4 POCSO Act and the ingredients under section 7/8 may be made, which are punishable up to five years, as such, considering the same, the applicant who is in custody since 28.03.2024 and has no criminal history is entitled for the bail. 5. In view thereof, the bail application is allowed. Versus Counsel for Applicant(s) : Rahul Kumar Singh, Ashok Kumar Singh Counsel for Opposite Party(s) : G.A. Dharmendra Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) 6. Let the applicant Dharmendra Kumar be released on bail in aforesaid FIR/Case Crime 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. 5784 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench