HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8414 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Counter affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned AGA, Shri Iqbal Ahmad, learned counsel for the informant and perused the record. 3. The applicant seeks enlargement on bail in FIR No.57 of 2025, under Sections 65(2), 352, 351(3) BNS and Sections 5m/6 of POCSO Act, P.S. Gaidas Bujurg, District Balrampur. 4. It is argued by learned counsel for the applicant that in terms of the FIR it was alleged that the daughter of the informant was taken by the applicant and wrong was committed on her. The age of the daughter was disclosed as 6 years. Learned counsel for the applicant draws my attention to the medical report on record wherein in the medical report no injury was seen and the hymen was found to be intact. 5. In the light of the said it is argued that in the worst case scenario, the same would amount to be sexual assault as indicated in Section 7 of the POCSO Act and punishable under section 8 of the said Act and it cannot termed as penetrative sexual assault as defined under Section 3 and certainly not offence as defined under Section 5 of POCSO Act. The age of the applicant is around 65 years. 6. Learned AGA has opposed the bail application. Versus Counsel for Applicant(s) : Kailash Nath Mishra Counsel for Opposite Party(s) : G.A., Iqbal Ahmad Aanand Kumar .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And 3 Others .....Opposite Party(s) 7. Considering the medical report not supporting the allegations under Section 3 and 5 of the POCSO Act, however, without commenting upon the merits of the case, the applicant who is in custody since 2.6.2025 and having no criminal history is entitled to be enlarged on bail. In view thereof, the application is allowed. 8. Let the applicant Aanand 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 8, 2025 J. K. Dinkar BAIL No. 8414 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench